Legal provisions on property right of residential boiler room

The boiler room belongs to the supporting equipment room, and the property right belongs to all owners.

Specific provisions:

1. The ownership of public facilities in the residential area belongs to all owners, unless otherwise specially agreed in advance. Reportedly, the developer owns the property right of the boiler room, and the residential area was built more than ten years ago, so it can basically be judged that the boiler room belongs to the developer, and they enjoy the ownership and disposal right of the boiler room according to law.

2. House demolition is one of the disposal rights. However, if the developer dismantles the boiler room and the promise of providing hot water for 24 hours cannot be fulfilled, then their behavior is a breach of contract, and the developer can bear the responsibility in this regard.

3. Of course, it is best to have written proof of the 24-hour hot water commitment provided at the beginning, such as the additional terms agreed in the house purchase contract. If the developer only made a verbal commitment or said it on the advertising leaflet, then these can not be used as a legal basis, and it is difficult for the owner to use these to safeguard his legitimate rights and interests.

4. The allocation principle and allocation area determined in the commercial housing sales contract include heating rooms, but exclude boiler rooms and heating equipment. Its meaning refers to the housing area of the equipment floor occupied by heating pipes, power distribution rooms, weak electricity rooms, high-voltage pipes, fire exits, gas pipes and other equipment, and heating pipes are not regarded as configuration equipment. The preliminary property management entrustment contract and the entrustment contract between the owners' committee and the property company cannot be used as the basis for confirming the ownership of the boiler room. The owner's obligation is only to pay the heating fee according to the relevant regulations of the government price department.

Legal basis: Article 281 of the Civil Law of People's Republic of China (PRC), the maintenance fund of the building and its ancillary facilities belongs to the owner. With the consent of the owner, it can be used for local maintenance, renewal and transformation of elevators, roofs, external walls and barrier-free facilities. The collection and use of maintenance funds for buildings and their ancillary facilities shall be announced regularly. In case of emergency, if the building and its ancillary facilities need to be repaired, the owners' assembly or the owners' committee may apply for the maintenance funds of the building and its ancillary facilities according to law.