Provisions of Civil Code on Property Management

Property management refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise, in accordance with the property service contract, repair, maintain and manage the houses, supporting facilities and related sites, and maintain the environmental sanitation and related order in the property management area. At present, there are few market transactions of special properties, and the investment in such properties is mostly long-term investment. Investors rely on the income from daily business activities to recover their investment and earn investment income. The assignment period of the land use right of this kind of real estate is 50 years at the longest. Statistics show that in 20 12 years, the overall scale of China's property management market reached 501800 million yuan, and the property management area was about1750 million square meters. It is estimated that the overall property management area will grow slowly in the next few years, with an average annual growth rate of about 6%.

The Property Law stipulates that the owner can manage the property by himself or entrust the property service enterprise or other managers to manage it. Property management can be divided into narrow sense and broad sense; In a narrow sense, property management refers to the activities that the owner entrusts the property service enterprise to maintain and repair buildings and their equipment, municipal public facilities, landscaping, environmental sanitation, transportation, living order and environmental appearance according to the entrustment contract; Property management in a broad sense should include the process of joint management by owners and the management process entrusted by property service enterprises or other managers. There are many provisions on property management in the Civil Code, which are divided into many articles according to different modules, giving different rights to the property, such as the ownership of buildings, the rights and obligations of owners to exclusive parts, the rights and obligations of owners to public parts, the ownership of roads and green spaces within building divisions, and so on.

Legal basis:

Chapter VI of the Civil Code: The Owners' Differentiated Ownership of Buildings

Article 271 The condominium owner has the ownership of the exclusive parts such as houses and business premises in the building; Have the right to jointly manage the parts of * * * except the proprietary parts.

Article 272 The owner has the right to possess, use, profit from and dispose of the exclusive part of his building. Owners shall not endanger the safety of buildings when exercising their rights; Shall not harm the legitimate rights and interests of other owners.

Article 273 The owner shall enjoy some rights and obligations to * * * * * The owner shall enjoy rights and obligations to the part of * * * other than the exclusive part of the building, and shall not fail to perform his obligations on the grounds of giving up his rights. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 274 Rights such as roads and green spaces. Roads belonging to the owners within the building division, 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.

Article 275 The ownership of the parking spaces and garages planned for parking cars within a building division shall be agreed upon by the parties concerned through sale, gift or lease. Parking spaces that occupy roads or other venues owned by the owner for parking cars shall be owned by the owner.

Article 276 Within the parking spaces and garages of the main building, the parking spaces and garages planned for parking cars shall first meet the needs of the owners.

Chapter VII Adjacent Relations

Article 288 The neighboring obligee of real estate shall correctly handle the neighboring relationship in accordance with the principles of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289 Where there are provisions in laws and regulations on the handling of adjacent relations, if there are no provisions in laws and regulations, it may be handled in accordance with local customs.

Article 290 The owner of a real estate with adjacent water use and drainage relationship shall provide necessary convenience for the adjacent owner to use water and drainage. The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction.

Article 291 An adjacent real estate obligee shall provide necessary convenience for the adjacent obligee to use his land for reasons such as access.

Article 292 Where the owner of a realty needs to use an adjacent land or building for building or repairing a house and laying wires, cables, water pipes, heating and gas pipelines, the owner of the land or building shall provide necessary convenience.

Article 293 The construction of adjacent buildings with ventilation, lighting and sunshine shall not violate the relevant national engineering construction standards, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings.

Article 294 Where the unmeasurable objects between adjacent real estates infringe the rights of real estates, the owner shall not abandon solid wastes or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, light radiation and electromagnetic radiation in violation of state regulations.