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It depends on whether you have the same unit or location and all the residents have joint property rights or you have exclusive property rights.
If it's yours alone, then you have no doubt the final say. You can refuse, or you can ask for a skyrocket, it's all your freedom.
If the property rights are considered to be one unit or the same location on each floor, the decision shall be made by the resolution of the general meeting of owners, and the decision shall be approved by the owners of the exclusive part accounting for more than 2 3 of the total area of the building and accounting for more than 2 3 of the total number of owners.
In the case of joint property rights, because there is no clear boundary line, if it is not land compensation, basically they only have the right to use, or the owners have negotiated the demarcation of the boundaries, and each has its own scope of use.
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The basement generally does not have a title deed, you only use the right to use, not ownership, so if you install public facilities, you have to cooperate.
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The basement normally does not have a title deed, and usually the purchase contract will contain the words that the basement belongs to you.
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As long as it is your house or land, there will be a real estate certificate.
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The same belongs to your main house, and your main house has a real estate certificate, which is a real estate certificate.
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Congratulations, you have the title deed.
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1. If the floor height of the building is less than one meter, according to the "Housing Surveying Code", the basement with a floor height of less than one meter shall not be counted as the construction area, and the property rights of the house shall not be handled; As a common floor area, the basement is already included in the shared area that the owner contributed at the time of purchase.
2. Even if the developer gives away the basement to the owner, according to the "Urban Real Estate Management Law", the house only refers to "buildings and structures such as houses on the land." "The basement could not obtain a title certificate.
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Some basements have them, some don't. It depends on the procedures of the developer at that time.
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According to the regulations, if you have a land deed that includes the basement area, you can count that area into the title deed, and vice versa.
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Summary. Generally speaking, the basement belongs to the person who has the right to it, and if you have the basement registered in your house book, it belongs to you; If not, it is a public property and belongs to several households or the whole building.
In the absence of a clear distribution of property rights, the roof and basement, like public passageways, elevator shafts, and drainage ditches, should be shared by all owners of the building, and the law generally does not register the area of the roof or basement on the title deed. The illegal occupation of the roof or basement of the house by the developer or the owner is actually an infringement of the legal rights of the other owners of the building, because since the first house is sold, the roof and the basement are the common property of all the owners of the building, and the developer has no right to sell or make other disposals. It is an act that violates the rights of other property owners.
Any occupation and disposition of the common area of the house must obtain the consent of all owners, otherwise the act is invalid, and any owner of the building has the right to sue the people's court in accordance with the provisions of the law to request the cessation of the infringement, and can claim the return of unjust enrichment.
What is the nature of the basement without a title deed.
Generally speaking, the basement belongs to the person who has the right to it, and if you have the basement registered in your house book, it belongs to you; If not, it is a public property and belongs to several households or the whole building. In the absence of a clear distribution of property rights, the roof and basement, like public passageways, elevator shafts, and drainage ditches, should be shared by all owners of the building, and the law generally does not register the area of the roof or basement on the title deed. The illegal occupation of the roof or basement of the house by the developer or the owner is actually an infringement of the legal rights of the other owners of the building, because since the first house is sold, the roof and the basement are the common property of all the owners of the building, and the developer has no right to sell or make other disposals. It is an act that violates the rights of other property owners.
Any occupation and disposition of the common area of the house must obtain the consent of all owners, otherwise the act is invalid, and any owner of the building has the right to sue the people's court in accordance with the provisions of the law to request the cessation of the infringement, and can claim the return of unjust enrichment.
Hope mine is helpful to you.
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The basement cannot apply for an independent property right certificate, and the basement area is generally registered on the commercial residential real estate certificate.
1. If the floor height of the building is less than one meter, according to the "Housing Measurement Specification", the basement with a floor height below the meter shall not be counted as the construction area, and the property rights of the house shall not be handled;
As a public building hand-serving area, the owner has contributed at the time of purchase.
2. As the basement of the civil air defense project, if there is an independent use space, and the design is used for the common construction area, the developer can dispose of it by means of **, gift or lease.
3. Even if the developer gives away the basement to the owner, according to the provisions of the Urban Real Estate Management Law, the house only refers to "buildings and structures such as houses on the land." "It is not possible to obtain a certificate of ownership.
Article 37 stipulates that real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred.
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Basement area is not included. But this depends on how the real estate certificate is written, and it also depends on what procedures the developer did at that time.
According to the "Rules for the Calculation of the Rolling Volume of the Sales Area of Commercial Housing and the Apportionment of the Common Building Area":
Article 4 The sales area of the whole commercial house is the construction area of the whole commercial house (the basement is used as a civil air defense project, it should be deducted from the construction area of the whole commercial house).
Article 5 Commodity housing according to the "set" or "unit"**, the sales area of the commercial house is the buyer to purchase the suite or unit in the building area (hereinafter referred to as the building area in the suite) and the share of the common construction area.
The sales area of commercial housing = the construction area of the suite + the apportioned common construction area.
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Legal analysis: The basement cannot apply for an independent property right certificate, and the basement area is generally registered on the commercial residential real estate certificate.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with law, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
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Legal analysis: The basement can be traded with a separate title deed, but the basement and the house cannot be traded separately on the same title deed. Privately entering into a sale and purchase agreement is not protected by law.
Legal basis: Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means. >>>More
No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means. >>>More
A private house with a real estate certificate can be purchased, and the real estate certificate is a certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home. >>>More
A: A house with a real estate deed can be traded in the market and can be bought.
Off-plan housing is not protected in our country, and when it is finalized, it depends on the property right certificate. >>>More