Provisions of Property Law on the Use of Roof Platforms

The subject said that he bought the top floor and many people went up to use it. What should I do? A book gentleman thinks that this problem should first find out who the property right of the roof belongs to, and then we can talk about what to do.

But it affects your life, and you can react and deal with it according to different property rights. Can be divided into the following three situations:

1. The public * * * responded to the property right and demanded property management.

Roof space belongs to other public places in the building division, so it belongs to the owner.

The roof belongs to public land and everyone can use it. Such as installing solar energy and drying articles. But that doesn't mean they can do these things at will. The bearing capacity of the roof and its influence on you must be considered.

If the property right belongs to all owners, it shall be managed by the property. If there is a problem, all users will share the maintenance cost.

If the roof leaks, find a property maintenance fund. If not, it will be borne by the residents of the whole building. This is handled in accordance with the property management regulations.

If the owner of the top floor doesn't buy the right to use it, he has no right to use the top floor alone.

But if it has an impact on your life or residence, the property management company in your community will also intervene. If they don't know, you need to inform them to manage it or negotiate a better method.

If the roof is used normally within a certain limit, there are still problems. Then there are quality problems in the house, and the property management company should also be concerned, because this is within their jurisdiction and must ensure your safety.

Doors in public areas are managed by property management. If you report to the property, they will implement corresponding management measures.

The property right of the roof is yours, you can make a notice for your safety.

The developer of the right to use the roof terrace and attic space has signed a contract with you.

The premise of the validity of the contract is that the subject of the contract has the right to dispose of the roof.

Generally speaking, the right to use the top floor should belong to all owners. The roof of a building belongs to the ownership of the building. No one (including real estate developers and owners) has exclusive rights to the roof of the building, but belongs to all owners. Therefore, real estate development companies have no right to sell the roof to buyers without authorization.

Regulations on the Administration of Adjoining Houses with Different Properties in Cities

Article 6 provides that:

All owners and users shall reasonably use the foyer, balcony, roof, corridor, kitchen, bathroom, courtyard road, water supply and drainage facilities, etc. Used by * * *, and bear the corresponding obligations; Unless otherwise agreed, neither party shall possess or monopolize it.

Owners and users are not allowed to engage in acts that harm each other's interests in all parts of the house and the parts used by the house.

However, the new civil code will come into effect on 202 1 1, when the provisions that contradict the civil code will be invalid and replaced by new judicial interpretations.

Article 274 of the Civil Code stipulates: "Roads within a building division belong to the owner, except those belonging to urban roads.

The green space within the building division belongs to the owner, except for urban public green space or express personal green space. Other public places, public facilities and property services within the building division are owned by the owner.

Provisions before the entry into force of the Civil Code: Article 73 of the Property Law, roads within a building division are owned by the owner, except those belonging to urban roads.

The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

The roof has been purchased and belongs to oneself. Others must get permission from the top owner. However, the roof door as a fire escape cannot be locked.

3. According to the real right and the right to use, divide the ruling areas.

Divide areas, public areas and private areas, and manage them separately.

It depends on whether the developer indicates in the purchase contract that the top floor was given to you personally when you bought the house at that time. If the top floor is not given to you, it should belong to all the owners, and you have no right to interfere with others' use.

The space on the top floor belongs to all the owners of this building, not your personal owner's private space, and other owners have the right to share it.

If the roof is a public * * * area, and the public * * * area can be equipped with solar energy to bask in bask in the quilt, then the maintenance cost of the public area will be paid by everyone. The roof is leaking. Only your house will leak water. I missed the property repair.

I suggest you go to the property, let the property come forward and sign an agreement with all other owners. You can go to the roof, but you have to bear the maintenance costs of your house after it leaks in the future. Everyone * * * uses the wrong thing, and it is natural that everyone * * * has the responsibility to maintain it.

Generally, no one wants to manage the roof. In most cases, the right to use belongs to the top users.

There are activities on the roof, and the troubles caused to your life are also confessed. It is the most realistic solution to let the property seal the roof and prevent others from going up.

The private sector (based on evidence) manages itself.

Building a swimming pool, a fish pond, and a sunny room on the top floor. Any such thing is illegal and may be demolished by the property. The right to use the roof belongs to the top floor. It is not illegal for the owner to design the kitchen and bathroom on the roof when decorating. But if something goes wrong, you have to pay for it yourself.

The right to use the roof belongs to the owner of the top floor;

1) After purchase, you can make waterproof and leak-proof by yourself, which solves the long-standing problem of the top floor and solves the problem of sun protection and heat protection.

2) Invest in decoration and use by yourself, which increases the space. Planting flowers and grass, sports and sightseeing can be done.

3) The view is good and quiet, which can truly reflect the advantages of the top floor without being disturbed by others.

But what you bought was the right to use the attic, and there was no real estate license, and there was no compensation when you removed it.

You Shujun believes that if the rights and responsibilities are clear, the responsibilities are clear, and the management is in place, things that affect the top floor owners will not happen easily, and the lives of the top floor owners will not be disturbed.

Finally, to sum up, the roofs of some communities are generally public. Living in such a community, you can't ask for your own use, and * * * is maintained by * * *.

In some communities, if the top floor gives up the right to use the roof, you have the right to use that part for you, and other owners also have the right to use the public part of property management, and the maintenance matters are their own.

Some communities bought some property rights on the roof when they bought the top floor. If you belong to this situation, you will use your own maintenance. Please choose the appropriate treatment according to your own situation.

Roofing waterproofing works, toilets, rooms and external walls with waterproof requirements shall be impervious for 5 years. If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Legal basis: Regulations on Property Management

Forty-fifth of the property management area in violation of public security, environmental protection, property decoration and use of laws and regulations, property service enterprises should be stopped, and timely report to the relevant administrative departments. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Forty-sixth property service enterprises should assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.