Supreme People's Court, Interpretation of Several Issues Concerning the Specific Application of the Law in Disputes over the Division of Ownership of Buildings

最高人民法院关于审理建筑物区分所有权纠纷案件具体应用法律若干问题的解释

October 10, 2009 | BY

clpstaff &clp articles

SPC issues an interpretation to clarify common areas of buildings.

Clp Reference: 4110/09.05.14 Promulgated: 2009-05-14 Effective: 2009-10-01

Promulgated: May 14 2009
Effective: October 1 2009

Main contents: In addition to parts owned in common specified in laws and administrative regulations, the following parts within a developed site shall also be deemed parts owned in common as mentioned in Part Six of the Property Law:

(1) a building's foundation, load-bearing structures, exterior walls, roof and other such basic structural parts, corridors, stairwells, lobby and other such parts used in common for access purposes, fire prevention, common lighting and other such ancillary facilities and equipment, refuge floor, equipment floor or equipment room and other such structural parts; and

(2) other parts not exclusively owned by owners, not constituting parts of public utilities and not constituting space or facilities owned by other rights holders.

Related legislation: PRC Property Law, Mar 16 2007, CLP 2007 No.4 p.31

clp reference:4110/09.05.14
promulgated:2009-05-14
effective:2009-10-01

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