The lawyer explained in detail: Does the owner have the right to use the community public land?

Roads and green spaces in residential areas are public land of the community, and all owners of the community have separate ownership of the buildings.

According to the provisions of Article 73 of China's Property Law, the roads within the building division belong to the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. According to article 5 1 of the State Council's Property Management Regulations, owners and property management companies are not allowed to occupy or dig roads and sites in the property area without authorization, which harms the interests of owners. If it is really necessary for the owners to temporarily occupy or dig roads and sites for the maintenance of property or public interests, they shall obtain the consent of the owners' committee and the property management enterprise.

Because the owner owns the parts, facilities and equipment of the property, and decides how to use it, the income and the distribution of income, etc. , the owner or property management companies occupy residential property * * * parts and facilities and equipment, including the use of its business, shall obtain the consent of the owner. As for the income from commercial operation, it should be owned by the owner, and how to use it is up to the owner to decide.

Relevant laws and regulations:

law of property

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

Article 74 Within the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners.

In the building division, the ownership of planned parking spaces and garages shall be agreed 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.