Is the stairwell a * * * property? What is the legal basis?

The stairwell belongs to the owner * * *, according to Article 3, Paragraph 1 (1) of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over the Ownership of Buildings.

Relevant laws

People's Republic of China (PRC) Civil Code

Article 274 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.

Article 275 The ownership of planned parking spaces and garages within a building division shall be agreed upon by the parties 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.

develop

The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of disputes over condominium ownership of buildings.

Article 3 In addition to the * * * part stipulated by laws and administrative regulations, the following parts within the building division shall also be recognized as the * * * part referred to in Chapter VI of Part II of the Civil Code:

(1) Basic structural parts such as the foundation, load-bearing structure, external wall and roof of the building, public transportation parts such as passages, stairs and hallways, auxiliary facilities and equipment such as fire fighting and public lighting, structural parts such as refuge floor, equipment floor and computer room;

(two) other places and facilities that do not belong to the exclusive part of the owner, nor to the municipal public parts or other rights holders.

The land within the building division shall be entitled by the owner to the right to use the construction land according to law, except the land occupied by the whole building owned by the owner or the land occupied by urban roads and green spaces.