Civil code | who should own the roads in the building area?


The civil code of the people’s Republic of China was adopted at the third session of the 13th National People’s Congress and will come into force on January 1, 2021

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The Civil Code covers all aspects and is known as the “Encyclopedia of social life”

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Let’s learn the knowledge related to property management in the civil code

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[today’s “one point”] there are different opinions on how to define the ownership of roads within the building area during the formulation of the property law in 2007

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Some people think that roads are municipal facilities, which should be owned by the state, and the owners have the right to use them

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Some people think that the ownership of the house that the owner has after purchasing the house includes two parts: one is the exclusive and independent ownership of the exclusive parts of the house, such as the house in the building and the business house; the other is the ownership of the common parts of the road, green space, other public places, public facilities and property service houses, and the ancillary facilities of the building Some have the right of joint ownership and management

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So, who should own the roads in the building area? Today, let’s take a look at this “point” in the civil code

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[legal provisions] Article 274 of the civil code of the people’s Republic of China stipulates that roads within the building area shall be owned by the owners, except those belonging to urban public roads

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The green space within the building division belongs to the owners, except those belonging to urban public green space or those explicitly belonging to individuals

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Other public places, public facilities and property service houses within the building division belong to the owners

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[interpretation of provisions] this article is about the ownership of roads, green space, other public places, public facilities and property service houses within the building area

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According to the provisions of this article, it can be seen that: first, the roads within the building division belong to the common ownership of the owners, except those belonging to urban public roads

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For example, some local regulations stipulate that roads less than 4 meters in width within the building area belong to the owner and roads more than 4 meters in width belong to the municipal administration

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In some large construction areas, such as Tiantongyuan in Beijing, the ownership of trunk roads belongs to the government

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After careful study, the roads within the building area as ancillary facilities of buildings belong to the owners in principle, except those belonging to urban public roads

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Second, the green space within the building division belongs to the owners, except for the urban public green space or the individual

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According to the investigation and research, the green space within the building area should be owned by the owners in principle as the ancillary facilities of the building, except those belonging to urban public green space or those explicitly belonging to individuals

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It should be noted that the green space and road stipulated in this article belong to the owner, not that the land ownership of green space and road belongs to the owner, but that the green space and road belong to the owner as attachments to the land

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Third, other public places, public facilities and property service houses in the building area belong to the owners

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China Construction News.

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