Is the roof of the residential area owned by everyone, or is it owned by the top private family?

Our building is a multi-storey building, with a maximum of six floors and one staircase for two households, so each unit has 12 households. The building is the dormitory of the provincial government, so when it is completed, solar water heaters are installed collectively, of course, all on the roof. Both the upper and lower water pipes go down from the toilet.

in the first few years, everyone lived in peace, but after more than ten years, some people sold their houses and moved away, and new residents became neighbors, one after another. However, the solar energy on the roof has become more and more problematic with the passage of time, and some have begun to run away.

My home is on the fourth floor, so all the pipes below the fourth floor pass through my toilet. Suddenly one day, the pipe on the second floor leaked, but the leaking joint was on the fifth floor, so my home became water curtain cave and the third floor was found. Finally, the second floor took the pipe by itself from the outside.

now the pipes on the first floor and the second floor are leaking into my house, but the impact is not great, so we told the first floor, and they said that it was not his house when they went to see it, and the second floor said that the water pipes on my house went from the outside, and it was not mine either. So we hurried up to see if ours was leaking, and neither was it. Later, when I saw the residents on the sixth floor, they said that, like water curtain cave, their solar water heater on the roof must be broken, but they couldn't find the owner after searching for a long time. There was no solar water heater on the third floor, and there was no one living on the fifth floor. It was probably from other units. I only saw a puddle seeping down from it every day, but it was only rented anyway, and the furniture was not my own. The main toilet was nothing, so that's it.

he once asked about the property, but he didn't reply. I guess no one cares, so he simply doesn't think about it himself. First, who owns the solar energy is going to repair it, and the waterproof layer on the roof is obviously not well done, otherwise this kind of thing wouldn't happen.

Will the common part of the property maintenance fund come out or will the owners share the money? No one wants to find this trouble.

I work in the Housing Authority, so I should have a say in this issue. Whether the top floor of the residential area belongs to the owner * * * or belongs to the owner of the top floor, this is really not certain, and it should be discussed in two situations.

1. All the owners * * * are the same. When we buy a house, in most cases, the top floor of the community is included in the owner's pool area. In this way, the property right of the top floor belongs to all the owners, and no owner can occupy it privately, nor can the developer dispose of it at will. Therefore, we can see that in many residential quarters, clothes racks are installed, which are convenient facilities for all owners. All owners of this building can hang clothes on the top floor, and enjoy the cool air and see the scenery on the roof in summer.

2. The owner of the top floor is private. In this case, the developer did not include the roof in the pool area for the sake of selling 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 happened in our community. The top-floor owner built a sun room on the roof, which was privately owned. Many owners were dissatisfied with this and reported it to the urban management department. Later, the urban management department came to the scene to check and find relevant materials. It was learned that the top floor was not included in the pool, and the top floor owner could take it for himself and put his personal belongings.

so in the final analysis, is the penthouse owned by everyone or owned by the penthouse owner? Just find the developer to find out whether the roof is included in the pool area. If it is included in the pool, the owner will have it, but not the pool, and the developer (or the top floor owner) will be private.

To answer this question, theoretically speaking, the roof of the residential area must belong to the public space, but in reality, it is easy to become the personal space of the top-level residents.

the roof when it is useful

some young people like to buy the top floor for two main reasons, one is that the top floor is cheap, and the other is that the top floor provides more space.

Because it is most convenient for users who live on the top floor to go to the top floor, they definitely go there the most. Over time, the top floor becomes their private space.

A broken roof

Many people don't like to buy a top floor. Apart from the fact that the top floor is colder or hotter, there is also a very important reason that the top floor is prone to water leakage. When there is water leakage on the roof and there is no way to activate the property maintenance fund, the residents at the top floor will definitely hope that everyone will chip in to share the maintenance costs.

However, it's difficult to collect other residents' money when they really want to collect it, because the rain on the top floor has no effect on them, and they think the top floor has nothing to do with them.

Who exactly belongs to the roof

Actually, the roof belongs to * * *, because it is an essential part of their building, so the top floor belongs to everyone * * *, and every household has the right to use the top floor and the responsibility of maintenance. For example, if the top floor belongs to the top floor, then people on other floors have no right to install solar water heaters on the roof. In addition, it is precisely because the top floor belongs to * * *, so the repair of the top floor can enable the property maintenance fund.

However, in real life, few people will compete for the right to use the roof. Generally speaking, the access to the roof is managed by the property, and not everyone can go up casually. This is also for safety reasons.

of course, the roof of the residential quarter belongs to the owner of the whole building. Besides the functions of wind protection, rain protection and heat insulation, the roof of the top floor has another function, which is an escape route for the owner in case of fire in the ground floor. The roof of the building is an integral part of the whole building. Of course, it belongs to the whole building, not to the top floor.

However, in real life, the use of building roofs has caused the most disputes. If the roof of a building is regarded as * * *, can all the owners move on it? Obviously, it is not possible. If the roof of the building is used as the whole building, it will inevitably affect the life of the top residents. The top roof is a part of the whole building, and the owners must undertake the obligation of roof maintenance, conservation and management. However, the use of the owners in the building must be restricted, which will easily lead to disputes between the owners in the building.

The function of building roof is to shelter from wind, rain and heat. Therefore, roof design usually has waterproof layer, insulation layer and protective layer, and their service life is only 2 years without artificial damage. That is to say, the waterproof layer and insulation layer of the roof must be updated and reformed after 2 years of use. Renewal and renovation require the use of special maintenance funds for residential buildings, and the use of special maintenance funds for residential buildings can only be used with the consent of the owners whose exclusive area accounts for 2/3 of the total construction area and the number of people accounts for 2/3 of the total number. Usually, the owners of other floors of the building will not agree to use the special residential maintenance funds to update and transform the roof insulation layer and waterproof layer. This is also a very distressing thing for the owners who live on the top floor of the building.

as a part of the whole building, the roof of the building belongs to all the owners, and the owners should fulfill the obligations of maintenance, conservation and management. However, when using the roof, the owners must be restricted from affecting the life of the top-level owners, which requires the owners in the whole building to have a broad mind, understand each other and create harmony.

thank you for inviting me. I am engaged in moving bricks in the real estate industry. I am honored to answer this question. I saw that dozens of people have answered this question, and I was not prepared to answer it. However, when I saw that the answer was incomplete or one-sided, I couldn't help but spit out a few words.

first of all, the problem involved in this question is generally the contradiction of a flat roof where people can get on. Other sloping roofs and uninhabited roofs generally do not have such disputes over the use of ownership.

Secondly, this kind of dispute is quite common, and most residential areas have this kind of dispute. The key issue of the dispute is that the ownership of the roof is unclear or illegal.

finally, let's see who owns the roof.

according to the rules of surveying and mapping related to real estate, pool and public area, unless otherwise agreed, it is generally owned by all owners by default; If there is another agreement on public use, it shall be implemented according to the agreement. So, who owns it, invite to see the contract. At the same time, not only the top floor tenants, some developers only agreed that the roof belongs to the top floor for the top floor tenants, but did not make the same agreement for the entire owner, resulting in more contradictions!

by the way, if the roof has no other use, it is suggested that it can be used for the top floor. In this case, the embarrassing situation of "it is difficult to sign the maintenance, and the time will be owned by everyone" will never happen again.

is the roof of the residential area owned by everyone or owned by the top family?

I believe that commercial housing is real estate, and the roof of commercial housing, as a part of the house, should be owned by all owners.

First of all, when a commercial house is purchased by different people, the ownership of the roof of the commercial house does not belong to the owner of the top floor, but belongs to the owner of each unit of the commercial house, and the use and benefit of the roof are decided by all the building owners.

Secondly, according to Article 2 of the Interpretation of the Supreme Court and Chapter 6 of the Property Law, the ownership of the roof should be shared by the owners. When the ownership of commercial housing is not stipulated in the pre-sale contract or the sales contract, it should be presumed that it is owned by the owner and belongs to the legal part that distinguishes all buildings. The roof platform shall not be separately registered as an independent real estate, left to the developers themselves, or sold to others as the subject matter of sale. It can only be shared in the area that distinguishes all buildings and belongs to the owners.

Third, in practice, many real estate development companies claim that they still retain and enjoy the right to use and benefit the roof of commercial housing after selling the whole commercial housing in units, or take the balcony as a preferential condition for purchasing the roof of commercial housing. These practices are not in line with the law.

fourth, the use of the roof should be in accordance with the provisions of Article 7 of the Interpretation of the Supreme Court and Article 76, Paragraph 1 (7) of the Property Law, and part of * * * should be used for business activities, and the consent of other owners should be obtained, and the use fee should be paid to the owner of * * * as agreed.

fifth, the ownership of the roof of commercial housing is owned by all the owners, and it cannot be exclusively owned by the top-level owners without the consent of all the owners. The act of affixing the roof is illegal, especially illegal construction, and the relevant government departments should take effective measures to stop it in time.

—— This answer is compiled by Xi 'an Ding 'ang digital currency Intelligent Quantization Automatic Coin-frying Robot (diachronic revenue, data checking, live broadcast) Company.

first of all, the problem involved in this question is generally the contradiction of a flat roof where people can get on. Other sloping roofs and uninhabited roofs generally do not have such disputes over the use of ownership.

Secondly, this kind of dispute is quite common, and most residential areas have this kind of dispute. The key issue of the dispute is that the ownership of the roof is unclear or illegal.

finally, let's see who owns the roof.

according to the rules of surveying and mapping related to real estate, pool and public area, unless otherwise agreed, it is generally owned by all owners by default; If there is another agreement on public use, it shall be implemented according to the agreement. So, who owns it, invite to see the contract. At the same time, not only the top floor tenants, some developers only agreed that the roof belongs to the top floor for the top floor tenants, but did not make the same agreement for the entire owner, resulting in more contradictions!

by the way, if the roof has no other use, it is suggested that it can be used for the top floor. In this case, the embarrassing situation of "it is difficult to sign the maintenance, and the time will be owned by everyone" will never happen again.

I live on the top floor, too. I agree that the top floor should be used by the residents on the top floor. The reason is: first, we should sign an agreement with the owner and the property, and I will repair myself if it leaks. Of course, we must get rid of force majeure factors, such as war, earthquake, flying UFOs, etc., without anyone else's contribution. The advantage is that we will not have to wrangle for maintenance in the future. If you plant some flowers and plants upstairs, you must never plant tall trees or build awnings that exceed the guardrail, and others should not interfere in the past to achieve the best peace. I have a relative who lives on the top floor. It rains heavily outside the house all the year round, and it rains lightly in the house. It has been like this for many years, and the expenses are tens of thousands. I want to find property management, say that it is not their business to find a developer, say that the house has been delivered for more than ten years, and ask the residents on the same floor to use overhaul fund without signing. Moreover, the top floor is full of solar water heaters, and people are always building, installing and overhauling it. If something goes wrong, it can't be solved. If my house and the top floor are used by everyone, they should be maintained. If they are not maintained, I will find someone to remove anything on the top and bring a lawsuit to the court for a ruling. The viewpoint is not necessarily correct and can be discussed.

The seventh floor I bought in those years was the top floor. When I bought it, the developer clearly told me that the top floor belonged to the fire escape and could not be closed. In addition, the shelf life was only five years. After five years, water leakage was not covered by the maintenance. My top floor belonged to the owner of the seventh floor. After living for 1 years, I found that the insulation layer had been weathered+aged+leaked, so I just turned it over and redone the secondary waterproofing, without asking the owners of the same building to chip in (2 Personally, I think that since the roof is my own place to maintain, of course, I pay for it myself, so until now, other owners have not come up to raise flowers, vegetables and dogs. I have built an 8-square stainless steel shed and planted several climbing plants, and the weather on the roof is good. It is also very good to sun dried fish and bacon in bask in the quilt, and it is also comfortable to walk in the rain at night, which has added a big space, so it doesn't matter to me who applies for the maintenance fund. It is also my own to spend some money to maintain my own comfort.