How do rooftop residents get access to the roof?

First of all, according to the national regulations, the top floor belongs to all the owners of the building, and does not belong to any household in the building, but people have the consciousness that the top floor is unmanaged and no one cares, and in most cases the top floor owners are in use. This consciousness has been formed invisibly, and it can be used, but it is not an exclusive right, and in this case it is not protected by law.

1. At present, according to the regulations on urban housing management, usually the top floor belongs to all the owners of the building, and there are exceptions, which can be seen in the terms of the contract, and whether there is a contract that provides that you can enjoy the right to use the top floor alone.

2. How to obtain the right to use the roof for the residents of the top floor should also take into account the housing structure of the top floor, subject to the architectural style, not all residential buildings can be used on the top floor, depending on the housing structure of the top floor of the building.

3. If the owner of the top floor has concerns about whether he will be complained about when using the top floor. In this case, it is necessary to give full play to the subjective initiative of the individual and negotiate with all the owners of the building to reach a consensus on the use of the top floor.

4. In addition to reaching a consensus with the residents of the building, it is also necessary to fully negotiate with the property management company of the community for the right to use the top floor, and the consent of the property management party should be obtained.

5. In addition to the above methods, the simplest, most direct and effective way is to buy the building to obtain the property rights of the building, and there will be no worries, of course, the cost is also the largest, and there needs to be enough financial resources.

Legal analysis: According to the provisions of relevant laws in China, the roof of the community belongs to the common property rights, which is jointly owned by all the owners of the building, and all owners enjoy the right to jointly manage and use together. 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.

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

Legal analysis: 1. The concept of residents is first of all according to national regulations, the roof belongs to the whole building, all owners do not belong to the user, any household, but people's consciousness concept of the top floor is unmanaged and no one cares, in most cases the owner of the top floor in the use of the invisible formation of this consciousness can be used, but not to enjoy exclusive rights, this situation is not protected by law.

2. Agreed terms, at present, according to the provisions of urban housing management, usually the top floor belongs to the common use of all owners of the building, and there are exceptions, but it depends on how the contract stipulates the terms, and whether there is a contract that stipulates that you can enjoy the right to use the roof alone.

3. Housing structure, how to obtain the right to use the roof for residents on the top floor, but also consider that the housing structure of the building is limited by the architectural style, and not all residential roofs can be used, and it depends on the structure of the building to decide.

4. Form a consensus that if the owner of the top floor has concerns about whether it will be complained about for a long time when using the top floor, this situation does not need to give full play to the subjective initiative of the individual and reach a consensus on the right to use the roof negotiated with all the owners of the building.

5. To seek the right to use the roof, in addition to reaching a consensus with the owner of the building, it is also necessary to fully negotiate with the property management company of the community, and the consent of the property should be obtained.

6. To buy property rights, in addition to the above methods, the simplest, most direct and effective way is to buy the building, and obtain the property rights of the roof of the building, that is, there is no worries, of course, the cost is also very large, and there needs to be enough financial resources.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority at the place where the immovable property is located.

The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211:When a party applies for registration, it shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Legal analysis: The floor page roof belongs to the common part of the building, and any person (including the real estate developer and the owner) does not have the exclusive right to the page of the building, and should belong to all the owners in common.

Legal basis: Article 281 of the Civil Code of the People's Republic of China The maintenance funds of buildings and their ancillary facilities belong to the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, barrier-free facilities, etc.

The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.

If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.

Summary. Kiss and let me answer it for you. 1. First understand the details with the property management company, get permission, you can use it legally, and there are also rooftop houses that will be directly given away when you buy them.

2. If you want to use the rooftop on the top floor, you also need to apply with the property of the community, and you need to inform the property of the detailed situation, and you can legally use the rooftop on the top floor only after getting permission. 3. Under normal circumstances, to go to the rooftop of the roof, you need to go through the top floor residents, and other residents are not very likely to go to the rooftop.

Kiss and let me answer it for you. 1. First understand the detailed situation of the socks with the property management company, and you can use it legally, and there are also rooftops that will be directly given away when you buy a rooftop. 2. If you want to use the rooftop on the top floor, you also need to apply with the property of the community, and you need to inform the property of the detailed situation, and you can legally use the rooftop on the top floor only after getting permission.

3. Under normal circumstances, to go to the rooftop of the top floor, you need to go through the top floor residents, and other residents are not very good at going to the rooftop.

If there is a dispute between the use of the roof and the adjacent residents, then in judicial practice, the chaos shall be handled in the following way: if there is a public passage leading to the roof of the roof in the commercial house, then the occupants of the top floor shall not obstruct the other owners of the building from passing through the public passage to the roof of the roof; If there is no public access to the roof, other owners who want to access the roof from the top floor must obtain the consent of the top floor residents. The person and the user shall jointly and reasonably use the common and common foyer, balcony, roof, corridor, kitchen, toilet, courtyard road, water supply and other facilities and bear the corresponding obligations and responsibilities; Unless otherwise agreed, neither party shall have a monopoly or an exclusive possession.

Persons and users shall not engage in acts that harm the interests of other parties in the common or common parts of the house. Disputes over the right to use rooftops occur not only between owners, but also between owners and real estate developers. It is not uncommon for some real estate developers to use the roof of the house without the consent of the owner to advertise.

So regarding the right to use the roof of the real estate developer, the relevant regulations have been very vague for a long time. This is further explained in the Contract for the Sale and Purchase of Commercial Housing: the buyer and the seller may make further agreements on the right to use the roof of the roof where the house is located, the right to name the building, etc.

However, at the same time, it is stipulated that individual actions shall not harm the legitimate rights and interests of the public and others.