How is the property right calculated for an open balcony? Analyze property rights ownership and legal basis
In recent years, with the rapid development of the real estate market, disputes over house property rights have also increased. In particular, the property rights of open balconies have become the focus of many owners. Are open balconies included in the property area? How are its rights of use and ownership defined? This article will give you detailed answers through structured data and analysis.
1. Definition and classification of open balconies
An open balcony refers to an unenclosed balcony, usually separated from the indoor space by doors and windows. According to building regulations, balconies can be divided into the following two categories:
| Type | Features | Whether to include property rights area |
|---|---|---|
| enclosed balcony | There is an enclosure structure and it is connected to the interior. | Usually included in the property area |
| open balcony | No enclosure, not enclosed | Partially included or not included in the property area |
2. Legal basis for calculation of open balcony property rights
According to the "Code for Calculation of Building Area of Construction Projects" (GB/T 50353-2013), the calculation of the property area of open balconies has the following provisions:
| area | Calculation rules | Remarks |
|---|---|---|
| Universal nationwide | Open balconies are included in the building area based on 1/2 of the horizontal projected area | Applicable to most provinces |
| Some provinces and cities | Open balconies are not included in the property area | For example, Shanghai, Shenzhen and other places have special regulations |
3. Frequently Asked Questions about Open Balcony Property Rights Disputes
1.Can developers include open balconies in property rights?
Developers need to calculate the area according to local regulations. If the area is included illegally, the owner can request re-measurement or resolve it through legal means.
2.Who owns the right to use the open balcony?
The open balcony is an exclusive part and the right to use it belongs to the owner, but modifications must comply with property regulations and building safety requirements.
3.Can the open balcony be closed?
Applications need to be made to the property management and relevant departments. Unauthorized closure may be deemed as illegal construction.
4. How to verify the property area of the open balcony?
Owners can verify by:
| steps | Specific operations |
|---|---|
| 1. Check the house purchase contract | Check whether the building area marked in the contract includes balconies |
| 2. Check the real estate certificate | Confirm whether the registered area is consistent with the contract |
| 3. Consult the housing management department | Apply for area review or surveying report |
5. Case Analysis: Open Balcony Property Rights Dispute
In 2023, a local court ruled on an open balcony property rights dispute case: the developer included the open balcony in the property rights based on the entire area. After the owner sued, the court ruled that the developer should refund the overcharged house payment. This case shows that property owners need to proactively protect their own rights and interests.
6. Summary and suggestions
The calculation of property rights for open balconies must be based on local regulations. Owners should understand the policies in advance and carefully check the area information when purchasing a house. If there is a dispute, you can seek help from a professional lawyer or surveying and mapping agency to ensure that the property rights are clear.
Through the above analysis, I hope you will have a clearer understanding of the property rights issues of open balconies. If you have any questions, it is recommended to consult the local housing authority or legal professionals.
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