Do you pay the elevator fee on the first floor of the new property law?

The first floor of the new property law has to pay the elevator fee. Residential elevators belong to the public property of the owners. If there is a clear agreement on the allocation of elevator use fees, if there is no agreement or the agreement is not clear, it will be paid by all owners of the corresponding building within the scope of elevator use. The owner has the right to use the public elevator, and shall not refuse to pay the elevator fee on the grounds of giving up the right.

First, the rationality of the owner on the first floor should pay the elevator fee at least has the following three points:

1, correctly understand that * * * has some potential functions.

It is possible that the owner has never used a part of * * *, which does not deny that the part of * * * may realize potential and intangible functions for the owner. Take the elevator as an example. Although the owner of the first floor has never actually used the elevator, it does not mean that the owner may benefit from the normal use of the elevator. If the function of roof platform is realized, the owner of the first floor may need an elevator in the future; For another example, the external wall of a building is a part of the building, and hanging billboards on the external wall can bring rental income to the owners. Advertisers like to hang billboards on the top wall in order to broaden their advertising horizons and enhance their advertising effects. Billboards are usually transported by elevator. Although the owners on the first floor don't use the elevator directly, the rent is obtained through the elevator, so they gain income and realize their rights through indirect use of the elevator. And so on. At this point, the elevator fee paid by the owner on the first floor can be understood as the fee paid for purchasing options. This is also one of the reasons why the owners on the first floor have to pay the elevator fee.

2. Payment is one of the consideration for the owner to obtain the exclusive part ownership.

Even if the owner of the first floor promises to give up the rights that the elevator may obtain, he should still pay the elevator fee, because this amount is one of the considerations that the owner should pay for the exclusive part ownership. Why do you say that? As we all know, the price of a building and its changes include not only the brick and tile money needed to build this building, but also many factors such as land use fee, floor area ratio, location environment and so on. Building a building in the same lot will inevitably lead to different prices for low-rise, multi-storey and middle-high-rise buildings. Because different floors will have different effects on living behavior, living psychology, overall environment and building structure. This is also the reason why the prices of different floors in the same building are different. Different prices are the consideration paid by different floors. The actual price paid for buying the house on this floor is not the total price that should be paid, but the elevator fee paid is the unpaid consideration for buying the house on this floor.

Simply put, low-rise and multi-storey buildings may not need elevators at all, not to mention elevator fees. At least the price of middle and high-rise buildings includes the cost of equipped elevators. In other words, if the elevator is not installed, the price of the lower floor of the building may be much higher than when it is installed, because no one wants to climb the stairs to the upper floor every day. This is why you can buy a house on the first floor at the current price, otherwise, you may not be able to afford to live on the first floor at all. Although you bought the first floor, maybe you really don't need to go upstairs until the building is gone, but the price of the first floor only includes the cost of installing the elevator and other parts of the price. However, elevator damage, depreciation and other expenses are not included in the property price, so the unpaid consideration still needs to be paid.

3. Treat some rights and obligations of a specific * * * as a whole.

Some buildings have more than one elevator, including external walls, roof platforms, corridors, underground spaces and many other parts. As far as the specific car owner is concerned, the income from some parts is greater than the cost, but the cost paid for some parts is greater than the income. Because a building has many parts, it is impossible for a specific owner to fully quantify the benefits and costs paid by each part. In more cases, all or most of the * * * part can only be shared with the income and cost to be paid, so as to achieve overall fairness.

For example, the roof platform can place solar water heaters, dry goods, exercise and other functions. Assuming that the top floor owner thinks that the roof only belongs to the top floor owner, and has nothing to do with other floors, and all the proceeds from the roof platform belong to him, then the first floor owner must feel the most unfair. Because as long as there are more than two floors, the owners on the first floor will never enjoy the rights and interests of the roof platform. According to Article 3, Item 1, Item 1 of the Interpretation on the Trial of Cases of Differentiated Ownership of Buildings, the roof of the building is a * * * part, thus protecting the rights and interests of the owners on the first floor. In this way, although the owners on the first floor paid the elevator fee, they also got the benefits brought by the roof, which achieved fairness as a whole. There are many such examples.

Therefore, all parts, exclusive parts and * * * parts of the building are interrelated and inseparable, and the enjoyment and commitment of rights and obligations need to be comprehensively measured, not completely separated. Of course, in order to reduce disputes and improve transaction efficiency, we should support the principle of proportionality as much as possible, so that owners can enjoy rights and assume obligations, so as to achieve maximum fairness.

legal ground

Article 273 of the Civil Code of People's Republic of China (PRC)

The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building;

You may not fail to perform your obligations on the grounds of giving up your rights. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together.

Article 282 of the Civil Code of People's Republic of China (PRC)

The income generated by the construction unit, the realty service enterprise or other managers from the owner shall be owned by the owner after deducting the reasonable cost.