Ownership of some properties and relevant laws and regulations.

Modern property has been deeply rooted in people's hearts and has become the knowledge of almost all people living in urban residential areas. When many modern property management enterprises and professional managers with professional management experience enter residential areas, disputes about the use parts of the property among community owners, developers and property companies often appear in newspapers, and the ownership of public parts has always been a difficult point for owners to protect their rights. Only by understanding the ownership of property rights can we understand the subject and object of rights, manage and manage rights, and distinguish the ownership and distribution of benefits obtained from property.

* * * The property rights of the parts and facilities used belong to all owners. * * * First, according to the Land Management Law, the Urban Real Estate Management Law and the Regulations on the Administration of Urban Real Estate Transactions, "if the land use right is transferred, the ownership of buildings and attachments on the land will be transferred with the transfer of the land use right", that is, all property buyers will be located in the land when purchasing the land use right of all commercial houses and bases.

Second, from the perspective of the cost composition of commercial housing. According to the Interim Measures for the Administration of Commercial Housing Price, the cost of commercial housing price includes the cost of infrastructure construction in residential quarters and the cost of non-operating supporting public buildings in residential quarters. In addition, Article 6 of "Opinions of State Power Company on Charge Management of Power Supply Facilities in Newly-built Residential Areas" stipulates: "In newly-built residential areas, if the investment in outdoor power distribution facilities invested by newly-built residential units is shared with the construction cost, the property rights of outdoor power distribution facilities shall be owned by residents * * *".

Third, from the perspective of the right to use public facilities. The public facilities in residential areas are a part of the whole house. Without housing, there would be no public facilities. Like corridors and courtyards, they belong to different owners. According to the national Regulations on the Administration of Adjoining Houses with Different Properties in Cities, all owners and users should use the facilities they own and use reasonably, and undertake corresponding obligations; Unless otherwise specified, neither party shall possess or monopolize it; Developers in the sale of property to the majority of owners, but also the land use rights and public facilities built at the same time with the residential transfer. Therefore, public facilities, like houses, are the owners of residential areas.

Fourth, from the community public facilities management institutions. According to the "Measures for the Administration of New Urban Residential Quarters" of the Ministry of Construction and the spirit of relevant laws and regulations of relevant state departments on strengthening the property management of residential quarters, the property rights of public facilities in residential quarters should be managed by the owners' committee, the representative organization of the majority of owners or users. The property right of public facilities belongs to all owners; The owners' committee exercises the right of disposal on behalf of the owners, and the owners' committee selects the property management company to entrust it with the right of management.

Even developers have no right to transfer part of the ownership of the community. After the developer sells all the usable area, he does not enjoy the ownership of any house or building, and the ownership of the whole building belongs to all owners.

Article 27 of the "Regulations on Property Management" promulgated by the State Council clearly stipulates that "the owner shall not dispose of the ownership or use right of the common parts of the property and the facilities and equipment used by the owner according to law."

Serve the * * * part of the whole building and have no independence. After the developer sells all the usable area to the owner, all the public parts are sold to all the owners at the same time, and all the owners jointly own these houses and buildings. Developers no longer enjoy the ownership of any houses and buildings, so they have no right to dispose of public parts.

The * * * area of the residential area belongs to all owners, and its punishment must be decided by all owners. Even if the developer has not sold all the houses and enjoys the ownership of some houses, it is not allowed to transfer the part of the community to others without authorization.

(The above answers were published on 20 13-05- 13. Please refer to the current actual purchase policy. )

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