Does the roof of the house in the community belong to the owner of the top house?

In order to exercise, a man in Daguan County, Zhaotong City, Yunnan Province, built an open-air swimming pool with a capacity of 40 tons of water in the public space on the roof of the seventh floor of a residential building. On June 5, the Urban Management Comprehensive Law Enforcement Brigade sent staff to conduct an on-site investigation and investigation. After investigation, the swimming pool was built by a local residential owner, Lan, with an area of more than 40 square meters, a capacity of more than 40 cubic meters, and a weight of 80,000 catties, which has major safety hazards.

On the same day, the law enforcement officers severely criticized and educated the construction owner, ordering him to immediately stop the dangerous behavior, eliminate potential safety hazards, and accept relevant treatment.

Theoretically, the roof of the community must belong to the public space, but in reality, it is easy to become the personal space of the top residents.

1. Jointly owned by all owners. When we buy a house, in most cases, the top floor of the community is counted into the owner's shared area, so it seems that the property rights of the top floor belong to all the owners, and no owner can occupy it privately, and the developer cannot dispose of it at will. So we can see that many of the top floors of the community are installed drying racks that are convenient for all owners of the public convenience facilities, all the owners of the building can go to the top floor to dry clothes, and in summer you can also enjoy the cool on the roof and see the scenery.

2. The owner of the top floor is privately owned. In this case, the developer does not include the roof in the shared area in order to sell the top floor, at this time, the property right of the roof belongs to the developer, and the developer has the right to dispose of it, such as giving it away or selling it to the owner of the top floor, and other owners have no right to interfere. This situation has occurred in our community, the top floor owner will build a sun room on the roof, occupy it for private ownership, many owners are dissatisfied with this, report to the urban management department, and then the urban management department comes to the scene to check, find relevant materials and understand that the top floor is not included in the public pool, the top floor owners can occupy their own personal belongings.

So in the end, is the top floor owned by everyone or the owner of the top floor private? You only need to find out from the developer whether the roof is included in the shared areaIncluded in the common pool, the owners are jointly owned, not the common pool, and the developer (or the owner of the top floor) is privately owned.

This is indeed the case, because buying a top-floor house ** is very preferential, so such a phenomenon can only be solved by yourself.

No, the roof of the community belongs to all the users living in the building, and the owner of the top floor cannot occupy it privately, and if he wants to occupy it, he must obtain the consent of other residents.

No, the roof belongs to all the residents in this building, after all, it will also bring fairness to all residents, and there will be no conflicts.

Property Law of the People's Republic of China

Article 70 The 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 common parts other than the exclusive parts.

Article 71 The owner shall have 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 72 The owner shall enjoy the rights and assume the obligations of the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations.

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.

According to Article 496 of the Civil Code, standard clauses are clauses that are drafted in advance by the parties for the purpose of repeated use and are not negotiated with the other party at the time of conclusion of the contract.

The property rights of the rooftop houses belong to the collective property rights, which are shared by the residents of the whole building and belong to the common part.

The rooftop house belongs to the shared part. The property rights are shared by the residents of the whole building. Rooftop houses built by individual households without the approval of the competent authorities shall be demolished.

Legal analysis: The ownership of the roof space belongs to all the owners of the division, that is, it belongs to the common part of the owner, and in principle, it cannot be attributed to the exclusive use of the owner of the top floor. The building itself is not the same as the land ownership, and there is also a problem of the right to use the land for all buildings, and the developer can make certain adjustments under fair and reasonable conditions, and the land use right can be determined in certain aspects to be enjoyed by itself or to other owners of the division, as long as the cost is not shared with the other owners of the division.

The building is owned by the owner of the whole division, and has no relationship with the developer, and the developer has no right to dispose of it. If the developer and the individual owner agree on the exclusive right to use the roof space, it shall not have legal effect, and the owner of the top floor shall not be able to obtain the exclusive right to use it. In the case of all the buildings, the top floor slab belongs to all the owners of the division, then, the roof space above the top floor slab is, of course, more common to the owners of the division, and its possession, use, income and disposal are the rights of all the owners of the division and are jointly controlled by all the owners of the division.

Even if the developer agrees with individual owners of the division, this agreement cannot oppose the rights of all owners of the division. Therefore, if the developer and the owner of the top floor division agree that the roof space belongs to the exclusive use of the owner of the area, it will be invalid.

Legal basis: "Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Building Area" Article 8 The common construction area is composed of the following two parts:

1. The construction area of elevator shafts, stairwells, garbage chutes, substation rooms, equipment rooms, public foyers and aisles, basements, guard rooms on duty, and other public buildings and management rooms that serve the whole building functionally;

2. Half of the horizontal projection area of the partition wall between the set (unit) and the common building space and the external wall (including the gable).

Summary. Hello, no, the roof of the top floor is owned by all the owners, not individuals. The roof space belongs to all the owners of the whole building, and the owners of the top floor cannot use it exclusively, unless it is agreed by all the owners of the whole building and the property service company.

Hello, no, the top floor or roof belongs to all the owners Li Zhiwu, not personal. The roof space belongs to all the owners of the whole building, and the owners of the top floor can not use it exclusively, unless with the consent of all the owners of the whole building and the property service company.

Legal basis: Article 55 of the "Property Management Regulations" stipulates: "If the common parts of the property and the common facilities and equipment are used for business, the relevant procedures shall be handled in accordance with the provisions after obtaining the consent of the relevant owners, the owners' general meeting and the property management service enterprise."

The income obtained by the owners shall be mainly used to supplement the special maintenance funds, and may also be used in accordance with the decision of the general meeting of owners. "The developer shall not agree with the buyer of the individual property (generally the top-floor buyer) on the exclusive right to use the roof of the house when the house is **, and if it does, this part of the content is invalid. All properties in the property management area are usually owned by the owner, including exclusive and co-ownership, and only the vacant houses that have not yet been rented belong to the developer, so the developer has no right to dispose of the roof space that belongs to all the owners alone.

The right to use the roof generally belongs not only to the users on the top floor, but also to all owners. In the case that the property right of the purchase contract of the owner of the top floor does not include the roof, the roof belongs to all the owners and users, the right to use belongs to all the owners, and the right of supervision belongs to the community owners' committee.

[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 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.

Legal Analysis: The roof of a house is owned by all the occupants of the building. The roof shall not be owned by the owner of the penthouse, and the use of the roof by the owner of the penthouse shall be subject to the consent of all the occupants of the building, and the proceeds shall also be enjoyed by all the occupants of the building.

According to the relevant laws and regulations, the owner has the right of 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.

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

Article 271: 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 joint ownership and joint management of the common parts other than the exclusive parts. Lead bushes.