Right to use external wall of commercial housing

Unless otherwise agreed, the right to use the external wall of the commercial house belongs to the owner * * *, mainly for the following two reasons:

The owner's right to use the roof is legal, which means there is a basis for granting legal rights.

According to Articles 31 and 41 of the Urban Real Estate Management Law, Article 24 of the Provisional Regulations on Assignment and Transfer of Urban State-owned Land Use Rights, and Articles 70, 72 and 73 of the People's Republic of China (PRC) Property Law.

Article 31 of the Urban Real Estate Management Law stipulates: "When the real estate is transferred or mortgaged, the ownership of the real estate and the land use right within the occupied area of the house are simultaneously transferred and mortgaged." Article 41 stipulates: "When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract will be transferred accordingly."

Extended data:

"People's Republic of China (PRC) City Real Estate Management Law"

Article 1 This Law is formulated with a view to strengthening the management of urban real estate, maintaining the order of the real estate market, safeguarding the legitimate rights and interests of real estate owners and promoting the healthy development of the real estate industry.

Article 2 This Law shall be observed in obtaining the land use right of real estate development land, engaging in real estate development, real estate transaction and real estate management within the state-owned land (hereinafter referred to as state-owned land) in People's Republic of China (PRC) urban planning area.

The term "houses" as mentioned in this Law refers to buildings and structures such as houses on land.

The term "real estate development" as mentioned in this Law refers to the construction of infrastructure and houses on the land that has obtained the right to use state-owned land in accordance with this Law.

Real estate transactions mentioned in this Law include real estate transfer, real estate mortgage and house lease.

Article 3 The state practices a system of paid and restricted use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by this law.

Article 4 The State shall, according to the level of social and economic development, support housing construction and gradually improve the living conditions of residents.

Baidu Encyclopedia-People's Republic of China (PRC) City Real Estate Management Law