What is the legal regulation of the ownership of the roof? Is it legal to have a lower roof than the

We all know that the times are developing faster and faster, the living conditions of every family are getting better and better, and now there are more and more people living in the building, I have to say that there are strict regulations on the ownership of the roof, and the roof of the first floor is lower than the ground is also legal, because we all know that many houses are built according to the terrain, and if it is low, it will not affect our lives.

Because we all know that the construction of houses has strict lighting standards, as long as it meets the two hours of irradiation every day, it will not affect our normal life. It has to be said that Article 70 of the Property Law stipulates that the owner has the right of ownership of the exclusive part of the building, such as the residential business house, and the right of common ownership and joint management of the common part other than the exclusive part, which shows that the area of the roof belongs to all the owners, and if we want to light up some clothes and bedding, we can also go to the roof to dry, I hope everyone can know this.

At the same time, we need to pay attention to the fact that in daily life, we must learn to get along with our neighbors in a friendly and harmonious manner, because we all know that there is an old saying in China that distant relatives are not as good as close neighbors, if an accident occurs, we still need to ask for help from neighbors, everyone can know this, if there are delicious fruits or delicious vegetables in daily life, you can give them some, which is more conducive to cultivating the feelings between neighbors, I hope everyone can know this, At the same time, if the relationship between neighbors is too tense, it will also cause great inconvenience to our lives, and I hope everyone can know this.

Especially as young people, we must learn to tolerate them more, if we encounter the elderly in need of help, we must reach out in time, only in this way can we make our society more harmonious, we also believe that more and more people will live in buildings.

The roof belongs to the co-ownership, and the roof waterproofing is damaged to the point that the decoration of the building is damaged by rain leakage, and the co-owners of the roof jointly pay for the damage caused by the rain leakage.

According to the above provisions of the law, the roof of the community is jointly owned by all owners, and people have the right to use it jointly, which is also a legal act, as long as it is reasonable within the scope of the land bureau.

The roof is a common part and is jointly used and managed by all owners. It is illegal for the roof on the first floor to be lower than the ground, which is unreasonable and has a great safety hazard, so it is not in accordance with the regulations.

The rights of other owners cannot be prejudiced, and there are rights, and there must be obligations, so it is so regulated, and it is very legal to do so, but it must be reported to the State.

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 of the commercial house is a part that belongs to the ownership of the whole district, and does not belong to a single person. If the developer and the top-level user agree that it belongs to the individual separately, it will not have legal effect, and this is a mandatory provision of the law.

Legal basis: Article 8 of the Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of Property Rent for the Common Building Area.

The common building area is composed of the following two parts: 1. Elevator shaft, stairwell, garbage chute, substation room, equipment room, public door, lead hall and aisle, basement, guard room on duty and other public buildings and management buildings 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 Huai Burn (including the gable).

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 such as residential and commercial buildings in the building, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

Theoretically, Bai said that because the roof is included in the public area of the building, it belongs to the owner of the whole building.

The DAO is shared, if it can be used internally, everyone can use it, and if it needs to be repaired, everyone has to pay for maintenance.

The top floor is a common part according to normal terms, and does not belong to any household, and it can be said that any household has ownership. However, generally speaking, no one wants to manage the top floor, and in most cases, the right to use belongs to the top users. Moreover, many old houses do not have property management companies, and there was no such thing as public maintenance ** (at that time, it was all infrastructure department), so the roof became a big problem.

When you use it, everyone uses it, and when it breaks, everyone says it's your roof, and they don't care.

The roof of the building belongs to all the owners

Article 6 of the Regulations on the Administration of Urban Houses with Different Properties and Adjacent Houses, as amended by the Ministry of Construction on August 15, 2001, stipulates that "the owners and users shall jointly and reasonably use the common foyers, balconies, roofs, corridors, kitchens, toilets, courtyard roads, water and sewage facilities, etc., and shall bear corresponding obligations; Unless otherwise agreed, neither party shall occupy or monopolize more.

The owner and user shall not engage in any act that harms the interests of other parties in the common or common parts of the house. Article 7 stipulates: "If a person other than the owner of a house with a different property needs to use the common parts of a house with a different property, he or she shall obtain the unanimous consent of all owners and sign a written agreement." ”

Accordingly, the roof is a common part of the building, and any person (including the real estate developer and the owner) does not have exclusive rights to the roof and should belong to all the owners, and the real estate development company has no right to sell the roof to the buyer without authorization. If a dispute arises between the use of the roof roof and the neighbors, it shall be handled in the following manner in judicial practice: if there is a public passage leading to the roof of the building in the commercial house, the residents of the top floor shall not obstruct other owners in the building from reaching the roof through the public passage; If there is no public passage, other owners who want to access the roof from the top floor residents must obtain the consent of the top floor residents.

The right to use the roof is to copy the entire property.

If the owner is in common, the developer has no right to give the top floor to the buyer without authorization, and the right to use it is not in accordance with the provisions of the Contract Law on the Sale and Purchase of Commercial Housing, so it has no legal effect.

According to Article 6 and Article 7 of the Regulations on the Administration of Urban Buildings with Different Properties, the roof is a common part of the building, and any person (including real estate developers and owners) does not have the exclusive right to the roof and should belong to all the owners, and the real estate development company has no right to sell the roof to the buyer without authorization.

The right to use the roof belongs to all the owners, not to the top floor residents.

According to the relevant provisions of the Property Law, if the property rights of the owner of the top floor of the contract for the purchase of a special house do not include the roof, and the roof belongs to the owners, since it belongs to the public space of the community, the right to use the public space belongs to all the owners, and the right of supervision belongs to the community owners' committee. Therefore, the right to use the roof is not reserved for the top floor users.

The right to use the roof space belongs to all the residents of the building, and only the attic with attic on the top floor belongs to the resident of the top floor.

I bought a small property right on the top floor, lived in it for more than three years, and now the roof is leaking, and he doesn't repair it when he finds the landlord, either he lets himself build a rainproof canopy, or he builds a simple color steel tile house for rent. It's really difficult, he insisted that the right to use was not written in the original sales agreement, and he had the right to build it!?

If the water seepage on the top floor has a big response to the top floor owner, is the responsibility Huai?

The premise of the validity of the contract is that the subject of the contract has the right to dispose of the top. Generally speaking, the right to use the top floor should belong to all owners.

The roof should belong to the roof user, because if the roof leaks, after all, it is the roof residents who are unlucky.

Summary. If it is a leak in the commercial building. Since the roof is shared by the public, it is the responsibility of all owners.

If the water leakage is not serious, a small repair can be done, then all the owners will discuss the sharing of maintenance costs, and after reaching a consensus, they will collect money and find the property to repair it. If the water leakage is serious, such as the roof is seriously cracked, then it needs to be overhauled, apply for overhaul first**, if you apply for it, then you don't have to pay the maintenance cost yourself.

Whether the right to use the roof is vested only in the top floor user.

Hello. Hello.

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. ”

What to do about the leakage on the top floor.

If it is a leak in the commercial building. Since the roof is shared by the public, it is the responsibility of all owners. If the water leakage is not serious, a small repair can be done, then all the owners will discuss the sharing of maintenance costs, and after reaching a consensus, they will collect money and find the property to repair it.

If the water leakage is serious, such as the roof is seriously cracked, then it needs to be overhauled, apply for overhaul first**, if you apply for it, then you don't have to pay the maintenance cost yourself.

Do rooftop residents have the right to use the roof? Who is responsible for the sanitation of the roof, there are people raising chickens and ducks on the roof before, and there are people on the roof, no one manages, I am the top floor resident requirements, these sanitation are all done by myself before, so I bought a lock to lock the roof, and now the owner will ask us to let the roof out, what should I do?

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. ”

If I give up the roof now, in terms of hygiene, how do I ask the owner's center.

You go directly to the owners' committee.

It didn't work, I reacted before, and in the end I cleaned it up myself.

Then contact the property management.