Does the entrance of the resident belong to the public area, and does the residential real estate be

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.

The owner has 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.

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. 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. Article 273 of the Civil Code of the People's Republic of China The owner shall have rights and obligations to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

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.

Many people think that their own home is their own area, and it is nothing to put garbage, but in fact, it is not the public area outside the door, and the environment of the public area needs to be maintained by everyone. According to the relevant laws and regulations, the part of the owner outside the exclusive area such as residential and commercial use area belongs to the public area of the community, and all owners need to pay the corresponding management service fee. Specifically:

shared equipment such as staircases, corridors, septic tanks, green spaces, roofs and facades; Shared facilities such as corridor lights, gates, and newspaper boxes are not exclusive to the owner. The common area of the community belongs to the owners, and the owners enjoy the corresponding rights and obligations. For example, the owner has the right to park in the surface parking lot of the community, and when there are problems such as cracking on the ground of the parking lot, the owner should also bear the corresponding maintenance obligations.

In addition, the common area and the shared area are not the same concept, and the difference between the common area and the shared area is that the shared floor area refers to the construction area of the common part of the whole building jointly owned by the property owner of the whole building. The public area refers to the sum of the area occupied by the public corridors, stairs, elevator halls, water tank rooms, etc., which are set up in the residential building for residents to facilitate access, normal communication and ensure life.

It is not a public area. The building lives in front of the door and is not part of the common area. It has a certain size, belongs to itself, and does not belong to the public area.

The gate of your home should belong to the shared area. A shared area is a common area on the entire floor of a building. If you live in a community and a high-rise building, the location at the entrance of the community must be a shared area.

However, shared areas are not that accurate. Specifically, to be prorated. For example, if three families are within the same unit, the area of the common area should be divided equally among the three households.

However, the criterion of equal distribution is based on the size of one's own family.

Extended information: 1. In real life, with the increase of high-rise residences, property companies will generally use the public parts of the community to fully tap the economic benefits of these areas, such as elevators, gates, gates and other public areas advertising benefits and building exterior walls; Parking fee income in community public areas; income from renting a stall in the communal areas of the community; operating income from the use of community public facilities such as golf courses, swimming pools, and activity rooms; vending airport ground fees; Courier locker entrance fee, etc.

2. According to Articles 274 and 275 of the Civil Code and Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Housing Property Rights Disputes, the parts jointly owned by the owners include: (1) roads in building zoning, except for urban public roads; (2) Green space in building zoning, except for urban public green space or clearly belonging to individuals; (3) Other public places and public facilities within the building zoning; (4) Property service room; (E) occupy the road or other places shared by the owner to park the vehicle parking space; (6) The foundation, load-bearing structure, exterior wall and roof of the building, the passage, staircase, lobby and other public passage parts, fire protection, public lighting and other auxiliary facilities and equipment, refuge floor, equipment floor or computer room and other structural parts; (7) Other places and facilities that are not exclusive to the owner, municipal public utilities or other rights holders.

Legal analysis: what are the public areas of the community The public areas of the community refer to the areas other than the exclusive part of the owner, which usually includes the greening of the community, the public fitness and entertainment places of the community, the roads of the community, the ground parking lot of the community, the fire staircase, the roof, the hall, the elevator room, the public corridor, the property service room, the power distribution room, etc.

Legal basis: Urban and Rural Planning Law of the People's Republic of China

Article 14: The urban people's organization prepares the overall urban plan.

The overall urban planning of the municipality directly under the Central Government shall be submitted by the people of the municipality directly under the Central Government for examination and approval. The overall plan of the city where the people of the province and autonomous region are located and the city determined shall be reviewed and approved by the people of the province and autonomous region. The overall planning of other cities shall be submitted by the people of the city to the people of the province or autonomous region for examination and approval.

15th county people's organization to prepare the overall plan of the town where the county people's ** is located, submitted to the people's ** at the next higher level for approval. The overall planning of other towns shall be prepared by the people's organization of the town and submitted to the people's organization at the next higher level for approval.

Good afternoon, dear.

The common part is the core important issue that distinguishes the building from all. According to the laws of differentiated ownership of buildings in various countries, the scope of common parts includes: 1) other parts other than exclusive parts, such as foyers, elevators, corridors, roofs, basements.

2) Ancillary buildings that do not belong to the exclusive part: The appurtenances of the building, such as water supply and drainage equipment, power supply equipment, air conditioning equipment, various equipment lines, etc.; Ancillary equipment of the building, such as patios, water towers, swimming pools, parking lots, lighting equipment outside the building, etc. The Regulations on the Administration of Adjoining Houses on Urban Real Estate issued by the Ministry of Construction of the People's Republic of China on 21 November 1989 clearly define the scope of the common part by way of enumeration:

Entrance hall, balcony, roof, corridor, kitchen, courtyard, water supply and water facilities, foundation, columns, beams, walls, upper floor covers, stairs, elevators, water pumps, heating, electric lighting, ditch pipes, garbage chutes, septic tanks, etc.

Question: High-rise residential complex, 1st floor. 3 windows of my house were circled by a neighbor in his yard, and the other party said it was a public area with the property, what should I do?

It can be handled through negotiation first, and if the negotiation fails, the lawsuit will be filed to protect rights. According to Article 72 of the Property Law, the owner has rights and obligations to the common parts other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. As a property owner, you have rights to the common parts.

Question: My neighbor said that I bought a house with a yard, I just bought a small apartment second-hand, and my neighbor circled my window in his yard, is it considered a violation of my co-ownership?

Is she on the first floor.

What is the floor of your house?

The owner has rights and obligations for the common parts other than the exclusive part of the building; It is not allowed to fail to perform its obligations on the grounds that it has waived its rights. The crowd at the door of the household generally belongs to the public area, and if there is an agreement, it shall be agreed in accordance with Article 273 of the Civil Code of the People's Republic of China The owner shall enjoy the rights and assume obligations for the common parts other than the exclusive part of the building.

Legal Analysis: Generally speaking, the other than the wall and the door is public land.

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

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Summary. Hello, dear, I'll help you solve this problem, the community property belongs to the public area at the door of the house. When we buy a house, in addition to the actual area in the house, we also need to bear the cost of the shared area at the door, and the proportion of the shared area contained in the housing area of many communities is unreasonable.

In order to ensure that the shared area of the house you buy is within a reasonable range, it is best for us to understand the area distribution of the community in advance before buying a house, so as to ensure that the area distribution ratio of the house you buy is within a reasonable range. Hope it helps! Have a great day

Hello, and prepare dear I will help you solve this problem, the community real estate belongs to the public area at the door of the house. The door of the house also belongs to the public area, which is what we call the shared area, when we buy a house, in addition to the actual area in the house, we also need to bear the cost of the shared area at the door, and the proportion of the shared area included in the housing area of many communities is unreasonable. In order to ensure that the shared area of the house you buy is within a reasonable range, it is best for us to understand the area distribution of the community in advance before buying a house, so as to ensure that the area distribution ratio of the house you buy is within a reasonable range.

Hope it helps! Have a great day

According to the Property Law, roads, green foregrounds, other public facilities or places, public facilities and property service buildings in the community belong to the owners in common. It also includes the drainage system, power distribution room, natural gas pipeline, entrance and exit of Dongwu community, street lights, ditches, fences, elevators, water tanks, etc.