Legal provisions of residential public areas

(1) Roads within the building division, except those belonging to urban public roads;

(two) the green space within the building division, except for the urban public green space or the individual;

(three) other public places and public facilities within the building division;

(4) Property service rooms;

(five) occupying roads or other venues owned by owners to park vehicles;

(6) Basic structural parts such as the foundation, load-bearing structure, external walls and roofs of buildings, public transportation parts such as passages, stairs and lobbies, auxiliary facilities and equipment such as fire fighting and public lighting, and structural parts such as refuge floors, equipment floors or computer rooms;

(seven) 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.

* * * Some of them are the core and important issues in establishing distinction. According to the laws of different countries on condominium ownership of buildings, some areas of * * include:

1) Other parts except proprietary parts, such as hall, elevator, corridor, roof, basement, etc.

2) Ancillary buildings that do not belong to the exclusive part:

(1) Building accessories, such as water supply and drainage equipment, power supply equipment, air conditioning equipment, various equipment lines, etc. ;

(2) Auxiliary equipment of the building, such as patio, water tower, swimming pool, parking lot, lighting equipment outside the building, etc. The Regulations on the Management of Adjoining Houses of Urban Real Estate issued by the Ministry of Construction of China on June 5438+0989165438+1October 2 1 clearly defines some areas: foyer, balcony, roof, corridor, kitchen, courtyard, water supply and drainage facilities, foundation, column, beam and so on.

How to deal with neighbors occupying public areas?

Neighbors occupy the public area through negotiation. If negotiation fails, you can complain to the community management department.

* * * Corridor belongs to * * * use part. Neighbors occupy the corridor, infringing on the rights and interests of adjacent owners. Owners, owners' committees and property management companies may require them to stop occupying, and may also require them to bear the liability for compensation if they cause damage to the used part of * * *.

The public * * * corridor belongs to the * * use area, and the neighbor's occupation of the public * * * corridor is an infringement on the rights and interests of neighboring owners. For more information, see the following:

1. The owner can ask the neighbors to stop occupying and restore the corridor to its original state;

2. If neighbors continue to occupy public corridors, they can complain to the residential property and ask for help to solve the problem of neighbors occupying public corridors;

3. If there is no property in the community or the property is poorly handled, you can complain and feedback to the industry Committee, urge the neighbors to stop occupying it and restore the corridor to its original state;

4. If there is no industry committee in the community or the industry committee has no effect, you can complain to the community management department. For example, complain to the community neighborhood Committee; Complaints to real estate management departments, etc. ;

5. If the dispute cannot be resolved, you can collect relevant information and file an infringement lawsuit with the court, demanding to stop the infringement, restore the original state of the corridor and compensate for the losses.

The public area of the community is occupied. Who are you looking for?

The management of outdoor space in each residential area shall be undertaken by the neighborhood committee where the residential area is located. The problem of individual residents occupying outdoor green space and outdoor space can be reflected to the neighborhood Committee. If it can't be solved, you can bring a lawsuit to the people's court, demanding to remove the obstruction and compensate for the losses.

1. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes: "If the owner violates the property service contract or laws, regulations and management regulations and implements acts that hinder the property service and management, and the property service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction, the people's court shall support it. Unauthorized occupation of public areas by owners of residential quarters is not only a breach of contract in violation of management regulations, but also an illegal act in violation of land management law, urban planning law and other relevant laws and regulations. In this case, the property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law or breach the contract stop occupying the public area, which is both the right and the obligation of the property management company.

2. When dealing with similar incidents in which owners of residential quarters occupy public areas privately, they should actively play the role of property management companies or owners' committees. Some owners occupy public space and build buildings without permission. Property management companies should stop it. If it fails to stop it, it may bring a lawsuit on its behalf. It is both a right and an obligation for the property company to stop it. Those who fail to fulfill their obligation to stop in time shall bear adverse consequences. If it is not stopped, property enterprises will bear the responsibility of improper management.

Different solutions for community owners to occupy public areas

(A) the "neighboring rights" have been violated.

First, disputes over neighboring countries' relations should be settled peacefully by all parties concerned through voluntary consultation;

Second, if negotiation fails, the parties may * * * mediate the dispute with the people's mediation organization in the requesting community. At the same time, in the case of disputes, the relevant competent departments (such as land and resources departments, forestry departments, construction departments, urban management departments, etc.). ) request assistance and strive for mediation on the premise of effectively stopping illegal acts;

Third, if the parties fail to negotiate or negotiate or mediate, the parties can appeal to the court and ask the court to solve it according to legal procedures.

(2), the way of property management

The property company has the right to criticize, persuade, inform, publicize and stop the owners' violations, and report to the competent department.

If the impact is serious, you can bring a lawsuit directly to the court. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, if the owner violates the property service contract or laws, regulations and management regulations, the property service enterprise has the right to require the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstacles.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 271 The owner shall enjoy the ownership of the exclusive parts of the building such as the residence and business premises, and the condominium of the * * * parts other than the exclusive parts.