Is the attic a private property on the top floor?

No, the ownership of the real estate is subject to registration, and it must be the area on your real estate certificate to belong to your private property, otherwise it belongs to the common parts of all the owners of the unit. You are just the first to get the moon, but you can't change the legal ownership.

In fact, other owners are just good at talking, if someone cares, sue the court, sue you for encroaching on public facilities, basically a lawsuit.

No matter how long you have no right to possess, you will not become a right.

Since the ownership of the attic is not specified in the real estate certificate and the house ownership certificate and the land ownership certificate, the attic belongs to all the owners and cannot be recognized as private property, and the compensation for demolition and relocation is also shared by the owners of the entire building.

The attic is not considered private property; First, there is no attic part on the title deed, so it is not a private property. Second, the attic is a part of the whole building, and the ownership is shared by all owners, and private individuals have no right to occupy or occupy it.

It's definitely not your private property anymore. The area on the real estate certificate is yours, whether it is demolition or **, it is based on the house capital.

Owned property that does not belong to the top floor.

Some people buy a house on the top floor, and the developer will also send the attic, whether the attic belongs to the owner or all the owners, there are some questions, and I will answer your questions today.

The property rights of the top floor with attic in the sale and purchase of commercial housing generally belong to the developer, and if there is an agreement in the contract, it shall be subject to its agreement. According to the relevant provisions of the state, the part higher than the meter can be calculated as the construction area, and for the part of the attic that is lower than the meter and the construction area is not calculated but has the function of use, the two parties shall clarify the ownership of the corresponding rights in the registration of housing ownership.

[Legal basis].

Article 271 of the Civil Code.

The owner has the right of ownership of the exclusive parts of the building, such as residential and business buildings, and the right of co-ownership and joint management of the common parts other than the exclusive parts.

Article 272.

The owner has the right to occupy, use, benefit from and dispose of the exclusive part of his 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.

Article 273.

The owner has rights and obligations for the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

The ownership of the attic is related to whether you have the title of the attic, and if the party has the right to the attic, then the attic is owned by the party.

1. Who owns the property rights of the top floor with attic in the purchase and sale of commercial housing.

If there is an agreement in the contract, it shall be agreed in the contract. If there is no agreement, it is generally owned by the developer.

1. Attic height.

Different floor heights determine whether the attic is included in the sales floor area. According to the relevant state regulations, only the part higher than 2 2 meters is calculated as the construction area.

2. Attic structure.

Although lofts have become a selling point to assist penthouse sales, some penthouses are not designed to be practical, narrow and dark or poorly ventilated, and if they are so, they would rather not have them.

3. Area calculation method.

If the loft is counted in the sales area, then it is important to figure out how it is calculated and make sure that you know it.

4. Property ownership.

For the part of the small attic that is less than 2 2 meters and does not calculate the construction area but has a use function, the ownership of the corresponding rights should be clarified in the registration of housing ownership.

5. Supporting fees.

Some stairs between the top floor and the attic require buyers to buy or pay separately, and buyers must find out beforehand.

2. Precautions for buying and selling second-hand houses.

1. The buyer understands the overall status of the house and the property right status, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents. In order to avoid the invalidity of the signed sales contract.

2. When signing the contract, it should be noted that if the house provided by the seller is legal and can be traded, the buyer can pay a deposit for the purchase of the house (but it is not a necessary procedure for the sale and purchase of commercial housing). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

3. The buyer and the seller jointly apply to the real estate transaction management department, and the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions. If there is no property right or part of the property right without the written consent of the other co-owners, the application is refused.

Many houses have the activity of buying the top floor and sending the attic, this kind of floor makes many people very excited, and the attic can be transformed into a bedroom, storage room, book and so on, but many friends do not pay attention to who owns the ownership of the top floor attic, resulting in unnecessary trouble when the house needs to change hands or other needs in the later stage. So who exactly owns the top attic? Let's take a closer look.

1. Who owns the attic on the top floor.

Ownership is related to whether or not you own the attic title deed. At present, there are two types of residential attics, one is that the building area has been included in the housing management area, and the registration information has been done directly in the housing authority, and the ownership of this kind of attic belongs to the owner of the top floor; The other type of loft does not include the area in the construction area, and the owner is not issued a title deed, and its ownership still belongs to the developer. If the property needs to be changed in the future, it is very likely that the top owner will not be able to receive the corresponding compensation.

Second, what problems need to be paid attention to when buying a top floor and sending an attic.

1. Distinguish whether the attic is included in the property rights.

According to the relevant provisions of China's housing management law, when the height of the house is more than meters, it can be counted in the sales floor area. If the property rights are not included in the contract when the contract is signed, the attic is a public part, and the renovation is likely to cause unnecessary disputes in the future.

2. Whether the total area of the house includes the attic area.

If the size of the attic is not agreed upon at the time of purchase, the attic is not the owner's private area. Therefore, it is important to look at how the total area of the house is calculated when signing the contract.

3. Understand the construction quality of the attic.

Let's see if there is an additional charge in the attic, because the infrastructure between the top floor and the attic is basically purchased by the owner; Therefore, it is necessary to pay attention to check whether the design, lighting and ventilation of the attic meet the living standards, especially to see if there is water leakage, and the drainage hall is a pure question.

Conclusion of the article: The relevant knowledge of who owns the top attic is introduced here. When we buy the top floor, we must pay attention to whether the area and scope of the attic are agreed, and we should go through the legal purchase procedures and contracts.

If the contract clearly stipulates that the attic is included in the property right area, then the property right belongs to the buyer. The specific attribution shall be subject to the content agreed in the contract. According to the provisions of Article 12 of the Administrative Measures for the Sales of Commodity Housing, commercial residential buildings are sold as sets and shall not be divided and sold.

Article 23 stipulates that a real estate development enterprise shall, before entering into a contract for the sale and purchase of commercial housing, clearly display to the buyer the Administrative Measures for the Sales of Commodity Housing and the Model Text of the Contract for the Sale and Purchase of Commodity Housing; In the case of pre-sale of commercial housing, the "Administrative Measures for the Pre-sale of Urban Commercial Housing" must also be clearly indicated. According to the first paragraph of Article 509 of the Civil Code, which came into effect in 2021, the parties shall fully perform their obligations in accordance with the agreement.

Article 12 of the Administrative Measures for the Sales of Commercial Housing shall be sold as a set of commercial residences, and shall not be divided and sold. Article 23 A real estate development enterprise shall, before concluding a contract for the sale and purchase of commercial housing, clearly indicate to the buyer the "Administrative Measures for the Sales of Commodity Housing" and the "Model Text of the Contract for the Sale and Purchase of Commodity Housing"; In the case of pre-sale of commercial housing, the "Administrative Measures for the Pre-sale of Urban Commercial Housing" must also be clearly indicated. Paragraph 1 of Article 509 of the Civil Code provides that the parties shall fully perform their obligations in accordance with the agreement.