On the issue of the property rights of the attic, the ownership of the attic is vested

Lofts cannot be bought or sold separately (unless there is a property right). Generally, it is the right to use) 1. It can be reflected in the marking of the contract floor, in the area, and the drawings behind the contract (mainly subject to the drawings).

2. There is property rights, but only the part of the floor height exceeding meters is recorded in the area calculation, and the drawings behind the property right certificate.

3. Property management fees and heating fees need to be paid according to the property right area, that is, the area indicated on the property right certificate, and the attic is calculated by taking the part of the floor height exceeding meters.

The area is calculated only if it is more than two meters! As long as you have independent property rights, you can buy and sell!

Intellectual property is an intangible property right, also known as the right to intellectual achievements, which refers to the results obtained through intellectual and creative labor, and is the exclusive right enjoyed by intellectual workers to the results in accordance with the law. Such rights include personal and property rights, also known as moral rights and economic rights. The so-called personal rights refer to the fact that rights are inseparable from the person of the person who has achieved intellectual achievements, and are the legal reflection of personal relations.

For example, the author's right to sign his work, or the right to publish his work, the right to modify, etc. The so-called property right is the right of the right holder to use the fruits of intellectual labor to obtain remuneration or get rewards after the fruits of intellectual labor are recognized by law, and this right is also called economic rights, and the object of intellectual property protection is the human mind, the creation of human intelligence, and the right to intellectual achievements, which is the right to enjoy intellectual achievements created by engaging in all intellectual activities in the fields of science, technology, culture and art in accordance with the law. Intellectual property is a legal concept that is widely used internationally.

I hope it can help you, and if you have any questions, please try to find me.

Legal Analysis: The ownership of the attic is related to whether or not you have 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 floor area and has not been issued a title deed to the owner, the ownership of which 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.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over the Differentiated Ownership of Buildings" Article 1 A person who has obtained the ownership of the exclusive part of the building by registration in accordance with the law or in accordance with the provisions of Articles 229 to 231 of the Civil Code shall be deemed to be the owner referred to in Chapter 6 of Part II of the Civil Code.

A person who has lawfully occupied the exclusive part of the building based on the civil legal act of buying and selling commercial housing with the construction unit, but has not yet gone through the ownership registration in accordance with the law, may be identified as the owner referred to in Chapter 6 of Part II of the Civil Code. ”

No, the attic does not have separate property rights.

1. The attic is the space of the building, and a new layer of attic floor is made in the middle. An attic is a room located in the lower part of a sloping roof of a house.

2. If it is clearly agreed in the purchase contract that it is a gift or a semi-gift, it should be attributed to a part of the existing property rights downstairs;

3. If there is no express agreement in the purchase contract, the attic should be a public property right and cannot be privatized.

1. What should I do if the attic can't apply for the real estate certificate?

Clarify the rights and obligations of the buyer and the seller. After the contract takes effect, if the parties have not agreed on the time for handling the real estate certificate or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. If it is still uncertain in accordance with the provisions of the Civil Code, the seller may perform at any time, and the buyer may also demand performance at any time.

However, the other party should be given the necessary time to prepare.

The performance of the seller's obligation to apply for the real estate certificate focuses on the act of starting to apply for the registration of the transfer of property rights to the registration authority. Of course, the application for the registration of the transfer of property rights is only the beginning of the seller's performance of the act of applying for the real estate certificate, but not the result, and the completion of the real estate certificate, that is, the completion of the transfer registration, is the purpose of the contract. If the registration of the transfer of property rights cannot be completed within a reasonable period of time due to reasons attributable to the seller, the buyer may request the group to rescind the contract and require the seller to bear the liability for breach of contract.

2. What materials are needed for the real estate certificate for the new house.

1) The original contract for the purchase and sale of the house and the original supplementary contract.

2) The original uniform invoice for the sale of commercial housing.

3) The original field surveying and mapping questionnaire and the floor plan of the strata subdivision of the house. (If the housing surveying and mapping report is in the old format, it is also necessary to issue a completion acceptance form and fill in the Lishui real estate registration application, and the new format only needs to provide the original field surveying and mapping questionnaire of the house and the floor plan of the strata subdivision.) ）

4) Tax payment certificate (deed tax payment certificate).

5) Married home buyers:

1. Copies of ID cards of both parties (in principle, the original needs to be verified);

2. Printed copy of the marriage certificate (with original verification);

3. If either party cannot be present to handle it, it is necessary to provide a private seal, and if a third party is entrusted to handle it, it is necessary to provide the private seal of both husband and wife at the same time.

6) Single buyers (must be present in person, not on behalf of others):

1. A copy of ID card (with original verification);

2. A copy of household registration book or household registration certificate (with original verification);

3. If the single declaration affidavit is in the house, the buyer will go to the Civil Affairs Bureau to handle it.

The attic and basement generally belong to the purchase of commercial housing, which is given by the developer. It is a ** means. The attic and basement are not approved by the housing management, and there is no corresponding property right certificate.

It is not possible to buy or sell a building without a title certificate, and even if a sales agreement is signed, it has no effect on a third party.

Risks of buying a titleless loft.

1. The attic does not have a property right certificate, so the buyer's purchase contract is an invalid contract from the legal point of view.

2. In the event of national land acquisition and demolition, since the attic does not have the legal property rights recognized by the state, the buyer actually only has the right to use the house for a long time, so the compensation for demolition is much lower than that of ordinary commercial housing.

3. Because the attic is not filed with the housing management department and is not within the scope of the unified management of the commercial housing by the first institution, in the process of using the house, if you encounter some housing quality problems and public facilities maintenance problems, you cannot effectively safeguard your rights.

4. Development funds and construction quality generally need to be supervised by banks and enterprises, and the attic is relatively weak in this regard, and there are almost no regulatory agencies that have the power of Zheng to lead the people, mainly relying on the self-discipline of developers for development and construction.