[Direct answer]In the Beijing area, you should first verify the contractual agreements, promotional commitments, and planning documents before choosing a legal recourse. For items such as the greening rate of the residential community, public supporting facilities, and parking space ratios, if specific agreements have been made in the contract, supplementary agreements, or the developer's promotional materials, the developer should fulfill these obligations upon delivery. If the actual delivery significantly deviates from the agreed upon or publicly announced plans, buyers may, in accordance with the provisions of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding breach of contract liability, demand that the developer assume responsibilities such as continuing performance, taking remedial measures, or compensating for losses; in cases involving planning changes, they may also file complaints or request investigations with competent departments such as natural resources and housing and urban-rural development. If the promotional content is specific and clear and has a substantial impact on the buyer's decision-making, it can generally be claimed to constitute part of the contractual content.

1. Problem background and typical scenarios

The greening of residential communities and public amenities directly affect the quality of living, and they are also a key focus of attention when purchasing a home. In practice, common problems include the fact that the large green spaces, activity venues, clubs, or parking spaces promised during marketing often shrink or even disappear when the actual delivery takes place, or that the supporting facilities are reduced after planning changes. When handling such cases in the Beijing area, the court will review the provisions of the contract and promotional materials, planning approval and modification documents, as well as the actual delivery status, to determine whether the developer has breached the contract and should bear responsibility. Keeping promotional materials and planning documents is the basis for asserting rights, and complaining to the competent authorities is also one of the feasible solutions.

II. Key points of contention

There are four points that need to be clarified: Firstly, whether the promotional materials and the sandbox display constitute the content of the contract; Secondly, whether the greening rate and supporting indicators have contractual or planning basis; Thirdly, whether the planning changes have gone through legal procedures and whether the buyers can claim rights; Fourthly, after the breach of contract, can the buyer demand rectification, compensation or termination of the contract? Generally, if the reduction of supporting facilities violates the contract or planning agreement, it constitutes a breach of contract. Usually, the main remedies are rectification and compensation. To terminate the contract, the extent to which the contractual purpose cannot be achieved must be reached. Whether the evidence is sufficient directly affects the determination of the breach of contract and liability. The parties should provide evidence based on the agreement, planning and current situation.

III. Professional analysis by Henglue Lawyers

When handling disputes over inadequate supporting facilities, Henglue Lawyers typically analyze them from four aspects. First, review the agreements and commitments: Verify the provisions on greening, supporting facilities, and parking spaces in the contract and supplementary agreements, collect promotional materials, sandbox photos, and sales commitment records, and determine whether the promotional content is specific and clear and constitutes part of the contract. Second, verify the planning: Inquire with the competent authorities about planning permits and amendment documents to confirm whether the greening rate and supporting facilities indicators have undergone legal approval and amendment, and whether the planning amendments infringe upon the rights and interests of purchasers. Third, secure evidence: Take photos and videos of the actual delivered greening and supporting facilities, and, if necessary, apply for a professional evaluation of the losses. Fourth, choose a legal path: Based on the breach of contract, claim rectification, compensation for losses, or file a complaint with the competent authorities; if the lack of supporting facilities seriously affects living conditions, evaluate whether there are conditions for rescission. In practice, reconstructing the promotional commitments and planning documents is the basis for determining liability.

IV. Practical suggestions and legal basis

Action suggestions: First, when signing the contract, include the greening rate and key supporting facilities in the contract, and specify the liability for breach of contract; Second, keep the images and written materials of the sales brochure, sand table, advertisements, and sales commitments; Third, inquire with the competent department about the planning and modification documents to verify the supporting facilities indicators; Fourth, promptly report the situation of reduced facilities in writing and request rectification, and if necessary, file a complaint or lawsuit. For real estate disputes, you can refer to the relevant provisions of the "Regulations on the Administration of Real Estate Development and Sales".Real estate transactions and construction projectsFor contract disputes, you can refer to the following materials for reference.Business and contract disputes in enterprisesLegal basis: Article 577 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) and related provisions. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, if greening and supporting facilities are specifically promised in the contract or in the promotional materials, the developer shall fulfill these promises. Secondly, if the promotional materials are specific and clear and have an impact on the decision to purchase a house, the buyer may claim that they constitute part of the contract. Thirdly, to determine whether the planning changes are legal, the buyer may inquire with the competent authorities and file a complaint. Fourthly, the main methods of protecting rights include rectification and compensation for losses, with a high threshold for terminating the contract. For real estate disputes, the buyer may seek legal redress through relevant channels.Real estate transactions and construction projectsThe service is supported, and those involved in contract disputes can refer to it for referenceBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: How to protect one's rights when the greening facilities in a residential community are reduced?

First, check the contractual provisions and promotional commitments, and then inquire about the planning documents from the competent authorities. If there is a breach of contract, you can require the developer to make rectifications, compensate for losses, or file a complaint with the competent authorities; if no agreement can be reached through negotiation, you can file a lawsuit. When making a claim, you need to provide evidence such as the contract, promotional materials, planning documents, and the actual delivery status, and if necessary, apply for an assessment of the losses.

Q2: Do promotional materials have legal effect?

It depends on the circumstances. If the promotional materials provide specific and clear descriptions of the greening and supporting facilities, and these descriptions have a substantial impact on the decision to purchase a house, it can generally be argued that they constitute part of the contract. However, if the content is vague, merely indicative, or if the contract explicitly excludes the binding force of the promotional materials, it will be more difficult to make such a claim. It is recommended to keep the sales brochures, sand table photos, and records of promises made during the sales process.

Q3: What should I do if there are changes to the plan?

You can inquire with the competent departments such as natural resources and housing and urban-rural development about the planning permits and amendment documents to verify whether the amendments have gone through legal procedures. If the amendments infringe upon the rights and interests of home buyers, you can file a complaint with the competent departments, apply for investigation and punishment, or claim breach of contract liability according to the contract. The specific impact of the planning amendments needs to be judged in combination with the content of the amendments and the provisions of the contract.

Q4: Can I request a check-out?

It's generally difficult, unless the lack of supporting facilities seriously affects the use of the residence, makes it impossible to achieve the purpose of the contract, or the contract explicitly stipulates that such circumstances can lead to the termination of the contract. In most cases, the focus is on rectification and compensation for losses. Those who claim to terminate the contract should provide evidence to prove the severity of the reduction in supporting facilities and the contractual conditions for termination.

Q5: What evidence do we need to collect?

It includes the purchase contract and supplementary agreement, brochures and advertising materials, photos of the sand table and model area, chat records of sales promises, planning permits and amendment documents, photos and videos of the actual delivery of greening and supporting facilities, as well as loss assessment materials. The evidence should reflect the gap between the agreed standards and the actual situation.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer in a timely manner.