How to define the common and private parts of the property

According to the "Measures for the Management of Special Residential Maintenance Funds".

The common parts of the dwelling in these measures refer to the parts shared by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to it in accordance with laws, regulations and housing sales contracts, generally including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, halls, stairwells, corridors, etc.

The term "public facilities and equipment" in these measures refers to the ancillary facilities and equipment shared by residential owners and relevant non-residential owners in accordance with laws, regulations and housing sales contracts, generally including elevators, antennas, lighting, fire protection facilities, green spaces, street lights, roads, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities and shared facilities and equipment used in houses.

The public is determined, and the private is easy to understand. Generally, for example, the water meter is the boundary, the waterworks are responsible for the front of the meter, the owner is responsible for the back of the meter, and the electricity meter and gas meter are equally understood.

Under normal circumstances, the parts that are shared by the owners of a single dwelling or the owners of a single dwelling and the non-residential owners connected to it are common parts, generally including: the foundation, load-bearing walls, columns, beams, floors, roofs and outdoor walls, hallways, stairwells, corridors, etc.

Ancillary facilities and equipment jointly owned by residential owners and relevant non-residential owners are common parts, generally including elevators, antennas, lighting, fire protection facilities, green spaces, street lights, roads, ditches, pools, wells, non-operating parking garages, public welfare cultural and sports facilities, and houses used by common facilities and equipment.

Legal Analysis: The community does not have the right to lease public land. The roads and green spaces in the residential community are the public land of the community, and all the owners of the community have separate ownership of the buildings.

Although the property management service enterprise can enjoy the right to dispose of the common parts of the property, the premise is that it should obtain the consent of the owners' general meeting, otherwise it will constitute infringement and should bear legal responsibility. The common parts of the property are the parts other than the exclusive part of the property, including elevators, aisles, stairs, water tanks, exterior walls, water and electricity main lines, etc., and the range of more than 100 square meters next to the elevator is of course included. When the owner buys the house, in addition to the exclusive part, he also has to bear the cost of the common parts and common facilities and equipment, so the ownership of the common parts should belong to all the owners for common ownership and common use.

If the common area is to be used for other purposes, it should be decided by the general meeting of owners.

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

Article 274: Roads within building zoning belong to the owners in common, except for urban public roads. The green space within the building zoning belongs to the common ownership of the owners, except for the urban public green space or the express belonging to the individual. Other public places, public facilities and property service rooms within the building zoning belong to the owners in common.

Article 278: The following matters shall be jointly decided by the owners:

1) Formulate and revise the rules of procedure of the general meeting of owners;

2) Formulating and revising management regulations;

3) To elect the owners' committee or replace the members of the owners' committee;

4) Selecting and dismissing property service enterprises or other managers;

5) Use funds for the maintenance of buildings and their ancillary facilities;

6) Raising funds for the maintenance of buildings and their ancillary facilities;

7) Reconstruction and reconstruction of buildings and their ancillary facilities;

8) Changing the use of the common part or using the common part to engage in business activities;

9) Other major matters related to co-ownership and co-management rights.

Matters jointly decided by the owners shall be voted on by the owners of the exclusive part accounting for more than two-thirds of the area and the number of owners accounting for more than two-thirds. Decisions on the matters provided for in items 6 through 8 of the preceding paragraph shall be made with the consent of more than three-quarters of the owners of the exclusive portion of the voting area and more than three-quarters of the owners participating in the voting. Decisions on other matters in the preceding paragraph shall be made with the consent of more than half of the owners of the area of the exclusive part of the voting and more than half of the owners participating in the voting.

Summary. Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of the owners.

If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

Owners and property management enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.

Is it the responsibility of the property that the owner occupies the common area?

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The owner occupies the common area, which is the responsibility of the property.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Article 51 of the "Property Management Regulations" stipulates that owners and property management enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of owners. If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management enterprise shall be obtained; If a property management enterprise really needs to temporarily occupy or excavate a road or site, it shall obtain the consent of the owners' committee.

The owner and the property management enterprise shall restore the temporarily occupied and excavated roads and Tongzhi sites to their original state within the agreed time limit.

Summary. The property should understand the common part as follows: the common part should be managed and maintained by the strata company of the building. It can be said that the common part is the core of the differentiated ownership of the building.

The common part should be managed and maintained by the property management company of the building. It can be said that the common part is the core of the differentiated ownership of the registered building.

According to the provisions of the Civil Code, the statutory common parts include: roads within the building zoning (except those that belong to urban public roads), green spaces (except those that originate from urban public green spaces and those that are expressly indicated as personal green spaces), other public places, public facilities and property service buildings. Occupy the road or other site jointly owned by the owner for parking cars, such as hail parking spaces, elevators, water tanks, etc.

The natural common part, that is, the law does not stipulate it, there is no agreement in the contract, and generally does not have the registration conditions, but it naturally belongs to the common part from its attributes, including the basic structure part of the building, the public passage part, the public facilities and equipment part and the public space, etc., which clearly enumerates the external walls, roofs, passages, etc. as the common parts, in order to facilitate the settlement of disputes in practice.

Self-use parts include: doors, windows, indoor ceilings, interior walls, floors, non-load-bearing partition walls, self-use balconies and households.

other interior decorations; Self-use equipment includes: household distribution meters, electrical appliances and pipelines within the water meter (including household distribution meters), household water meters and a gate valve or switch in front of the meter, sanitary appliances and related sewer pipes. The responsibility and cost of repairing and updating the self-used parts and equipment shall be borne by the owner.

If the toilets, kitchens and other parts of the upper floor of the house and the sewer pipes seep or leak water to the lower floor, the owner of the upper floor shall be responsible for repairing them.

Common parts include: roof, exterior wall, stairwell, corridor, common hallway, equipment floor, courtyard wall, etc.; Shared equipment and facilities include: equipment and lines outside the switch in front of the household submeter to within the main meter, water pipes and fittings outside the gate valve of the sub-household water meter to the main water meter, sewer trunks, rainwater pipes, garbage pipes, flues (exhaust holes), the main body of the letter box, lightning protection facilities, shared TV antennas, etc.

The responsibility for the maintenance and renewal of common parts and common equipment and facilities shall be borne by the relevant owners of the common use, and the expenses shall be shared by the relevant owners of the common use according to the share of the construction area of the housing they own, and shall be paid from the special maintenance funds, and the insufficient part shall be paid by the owners.

In fact, it is also very good, such as a water pipe or a switch, to see if it is for your family, yes! It's the self-use part, because its opening and deactivation have nothing to do with others. If not, see who you share, if more than one share, like the main switch of the unit where you live, there is no electricity when you turn it off, and there is electricity when it is turned on, there is no doubt that the switch is shared by this unit, if it is shared by two families, such as the floor slab shared by the upper and lower floors, it is called the adjacent part in the regulations, and the floor slab is damaged by the adjacent two parties to repair it, caused by one party, and repaired by the cause, such as the upstairs decoration destroys the waterproof layer or the upstairs waterproof layer is not of good quality and causes water leakage, it should be repaired upstairs.

It can't be simply thought that the indoor part is the self-use part, and the outdoor part is the common part, otherwise the air conditioning host hanging outdoors will be inexplicably public.

The inside of the entrance door is the exclusive part of the owner, and the outside of the entrance door is the common part of the property that should be managed. Including corridors, elevator rooms, stairwells, elevators, lobbies, gardens, parking lots, etc., are all part of property management. The structure and façade of the house are also part of the property management, and the owner cannot change it privately.