What are the exclusive parts of the owner s building distinction? What rights does the owner have to

Houses or specific spaces in buildings that are independent in their specific structure and use, and can be registered as the subject matter of a single owner's ownership, shall be deemed to be an exclusive part as referred to in Chapter VI of the Property Law.

The owner of the exclusive part has the right to dispose of, earn, use and possess.

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1. How to belong to roads, green spaces, public places, etc. within the building zoning?

Roads within building zoning belong to the owners in common, except for urban public roads. The green space in the building zoning belongs to the owners in common, except for the urban public green space or the individual that is expressly indicated. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

2. How to belong to the parking spaces and garages in the building zoning?

Within the building zoning, the parking spaces and garages planned for parking cars shall first meet the needs of the owners. The ownership of parking spaces and garages shall be agreed upon by the parties through **, gift or lease. However, if a parking space is occupied on a road or other site jointly owned by the owners for parking cars, it is a common ownership of the owners.

3. What are the exclusive parts of the owner's building division? What rights does the owner have to share with the exclusive department?

Residential and commercial buildings in buildings generally belong to the exclusive part of the building division, and the houses (including the entire building) that meet the following conditions in the building zoning, as well as specific spaces such as parking spaces and stalls, shall also be recognized as the exclusive part of the owner's building division:

1) It is structurally independent and can be clearly distinguished;

2) It has the independence of use and can be used exclusively;

3) Able to be registered as the object of ownership of a particular owner.

4) The balcony that is specifically planned for a specific house and has been included in the sales contract of the specific house according to the plan at the time of sale of the construction unit shall be recognized as an integral part of the exclusive part.

Legal analysis: differentiated ownership of buildings means that the owner has the ownership of the exclusive parts of the building, such as residential and commercial buildings, and has the right of co-ownership and joint management of the common parts other than the exclusive parts. Buildings distinguish ownership, and a specific part of the building is the object of ownership.

Legal basis: Civil Code of the People's Republic of China

Article 271:Owners enjoy ownership of the exclusive parts of the building, such as residential and commercial buildings, and enjoy the right of joint ownership and joint management of the parts other than the exclusive parts.

Legal Analysis: The owner's building distinguishes ownership, including three basic aspects:

One is the ownership of the exclusive part. That is, the owner can directly occupy and use the exclusive departments such as residential and business buildings owned by himself in the building to achieve the purpose of residence or business; It can also be rented or lent in accordance with the law to obtain income and enhance feelings with others; It can also be used to get a mortgage or to give it to others.

The second is to enjoy the common rights of the common parts in the building zoning. That is, in the absence of special provisions on ownership by law, each owner has the right to occupy, use, benefit and dispose of the common parts such as corridors, stairs, aisles, elevators, exterior walls, water tanks, water and electricity pipelines other than the exclusive parts, and the common parts such as roads, green spaces, public facilities, property management houses and other public places in the community; Within the building zoning, the parking spaces and garages planned for parking cars have the right of first refusal.

The third is the right to jointly manage the common parts, that is, the right to manage the use, income, maintenance and other matters of the common parts and public equipment and facilities by participating in and organizing the owners' meeting. The owner's building distinguishes the ownership of the three aspects of the content as an inseparable whole. Of these three types of rights, the ownership of the exclusive part predominates and is the basis for the owner's co-ownership of the common part and the right of co-management of the common part.

If the owner transfers the residential or business premises in the building, the right to co-ownership and co-management of the common parts is also transferred. While the owner enjoys the differentiated ownership of the building, he must also fulfill the corresponding obligations.

Legal basis: Article 271 of the Civil Code The owner shall have the ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall have the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 272 of the Civil Code The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

The rights shared by the owners of their exclusive parts of the building are as follows:1The owner has the ownership of the exclusive parts such as residential buildings and business buildings in the construction of rotten buildings, and has the right of co-ownership and joint management of the common parts other than the exclusive parts; 2.

The owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. Lack of leakage.