There are public fitness facilities in the garden of a residential area. For a long time, residents in this residential area like to go to the garden for fitness. But then the property suddenly dismantled the public fitness facilities and set up a canteen in the garden. This behavior was opposed by all residents, but the property still went its own way, and the residents and the property clashed. So, is this property legal?

The lawyer replied.

According to the Property Law, the roads in the building area belong to the owners, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. Therefore, the public fitness facilities in the community are shared by all owners, and the property has no right to dismantle and rebuild the canteen without authorization.

Legal link

People's Republic of China (PRC) property right law

Article 73 Roads within a building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings.

Article 3 In addition to the * * * part stipulated by laws and administrative regulations, the following parts within the building division shall also be recognized as the * * * part mentioned in Chapter VI of the Property Law:

(1) Basic structural parts such as the foundation, load-bearing structure, external walls and roofs of buildings, public transportation parts such as passages, stairs and lobbies, auxiliary facilities and equipment such as fire fighting and public lighting, and structural parts such as refuge floors, equipment floors or computer rooms;

(two) other places and facilities that do not belong to the exclusive part of the owner, nor to the municipal public parts or other rights holders.

The land within the building division shall be entitled by the owner to the right to use the construction land according to law, except the land occupied by the whole building owned by the owner or the land occupied by urban roads and green spaces.

Article 7 Changing some uses of * * *, using part of * * * to engage in business activities, and punishing part of * * *, as well as matters that should be decided by the owner according to law or by the management regulations, shall be deemed as "other major matters" involving * * * and * * * management rights as stipulated in Item (7) of Paragraph 1 of Article 76 of the Property Law.