本文目录一览Who owns the profit rights from the billboards on the roof of the building? Advertising can be said to be everywhere in life, and some even choose to set up billboards on the roof of the building. And advertising will definitely involve the issue of advertising revenue. So who should generally own the revenue from rooftop billboards?
Netizen consultation:
Who owns the revenue rights from the installation of billboards on the roof
Lawyer’s answer:
If the home buyer and the developer agree that the right to use the roof and exterior walls belongs to all owners If the developer wants to install billboards on the roof or other exterior walls, he must obtain the consent of the property owners committee. The installed billboards cannot affect the normal life of the owners, and the main part of the advertising fees collected belongs to the property owners committee. The property owned by the club will be kept and used by the property owners committee, and the developer can only charge a small portion of the management fee. However, if the developer uses a billboard to promote the community, as long as it obtains the consent of the property owners committee, it does not need to pay advertising fees to the property owners committee on the pre mise that it does not affect the lives of the owners, because the beneficiaries of the advertisement It is both the owner and the developer; in another case, if the home buyer and the developer agree that the right to use the roof and exterior walls belongs to the developer, the developer does not need to obtain the consent of the property committee when installing billboards, as long as it does not affect the In the normal life of all owners, the content of the advertisement will not reduce the overall image of the community, the developer can install billboards, and all the advertising fees collected will belong to the developer.
The lawyer added:
Who should own the rooftop space?
The ownership of the rooftop space belongs to all owners. The roof space belongs to other public places within the building zone, so it is jointly owned by the owners. The details are as follows:
1. The ownership of the roof space belongs to all the zone owners and cannot be exclusively owned by the top zone owners. Use;
2. If the developer agrees with individual divided owners on the exclusive right to use the rooftop space, it will not have legal effect;
3. Only the collective divided ownership can decide how to use the rooftop space. people meeting.
【Laws and Regulations】
Article 273 of the "Civil Code of the People's Republic of China"
The owner shall have rights and assume obligations for the common parts of the building other than the exclusive parts; Failure to perform obligations on the grounds of renunciation of rights. When an owner transfers the residential and commercial buildings in the building, his rights to share and jointly manage the shared parts are also transferred.
Article 282 of the "Civil Code of the People's Republic of China"
The income generated by the construction unit, property service enterprise or other manager from the owner's common part, after deducting reasonable costs, belongs to the owner Shared.
I would like to ask, what are the requirements for making an outdoor billboard on the roof of your home and renting it out? What kind of documents and fees are required? 1. First, you need to have nuclear advertising publishing qualifications (business license).
2. With qualifications, go to the City Appearance, Industrial and Commercial Administration and other relevant departments to register and file. If there are lights, you need to go to the Lighting Office (City Lighting Administration) for modification.
3. If the nature of your house and land is collectively owned, or it is residential land, then you simply cannot do it through legal channels.
House safety appraisal chargesHouse safety appraisal charges are determined based on the total price of the real estate.
1. If the total real estate price is less than 1 million (including 1 million), the fee will be charged at 5‰;
2. If the total real estate price is between 1.01 million and 10 million, the fee will be 2.5‰. Rate calculation, etc.
Charging Standards for Special Cases of House Safety Appraisal:
(1) Appraisal of renovated houses in first- and second-category houses by residential households shall be charged according to the charging standards for appraisal of third-category houses, and their construction area shall be based on the use area Calculated by multiplying it by 1.33, the appraisal fee for the structural safety of adjacent houses during the appraisal needs to be negotiated separately.
(2) If the house being appraised does not have drawings and documents, the fee may be increased based on the charging standard specified in the corresponding project category, but the increased fee shall not exceed 30% of the total house safety appraisal fee.
(3) The fees for safety appraisal of ancient buildings are calculated based on the first-class project charging standards multiplied by a 2.0 coefficient;
(4) If the building height exceeds 4 meters, the appraisal fee is calculated by multiplying by a 1.2 coefficient;
( 5) For the safety appraisal of houses in special environments such as toxic and high temperature, the fee will be increased by 20% of the appraisal fee;
(6) For the safety appraisal of affordable housing, the appraisal fee will be reduced by half of the above standards; for regular For routine house safety appraisals in batches, the appraisal fee will be charged at 40% of the above standards;
(7) If the client needs to expedite the appraisal report in advance (the appraisal report will be made within three days after the on-site inspection), the appraisal fee will be charged An additional 20-30% expedited fee will be charged.
Application conditions for house safety appraisal:
1. Setting up towering objects, shelving objects or hanging objects on the building is considered as demolition and modification of the house structure, significantly increasing the load of the house or setting up advertisements on the roof. For towering objects such as signs, the original housing design unit or a design unit with corresponding qualification levels shall propose a design plan, and it may be installed only after it is verified by a housing safety appraisal agency that it meets the safety conditions.
2. Seriously damaged houses are generally not allowed to be decorated. If decoration is really needed, the house should be appraised first, repair and reinforcement measures should be taken, and decoration can only be carried out after the safe conditions for living and use are met.
3. If the decoration of non-residential houses involves demolishing or modifying the house structure and significantly increasing the load of the house, the original house design unit or a design unit with corresponding qualification levels shall propose a design plan, and the design plan shall be verified by the house quality appraisal agency to meet the safety conditions. , before construction can begin.
4. If the original house is changed into a public entertainment place or a building used for production and operation, the operator shall apply for a house appraisal from the house quality appraisal agency.
The charging standards for house safety appraisal agencies are as follows: First-class house appraisal charging standards: 2.7 yuan per square meter (≤500 yuan for 200 square meters); non-residential house safety appraisal charges can be based on this standard Increase by 20%. The charging standard for the appraisal of second-class houses: 2.25 yuan per square meter (≤ 400 yuan for 200 square meters). The charging standard for the appraisal of Category III houses: 1.8 yuan per square meter (300 yuan for ≤60 square meters). If there are multiple types of houses in one house, the charges will be calculated separately according to the house type. In addition, the safety appraisal fee for residential buildings with a construction area of less than 500 square meters is 1.40 yuan per square meter, the construction area between 500 and 2,000 square meters is 1.05 yuan per square meter, and the construction area above 2,000 square meters is 1.05 yuan per square meter. 0.70 yuan, the minimum charge is 105 yuan/item. The charging standard for safety appraisal of mixed-structure houses is slightly higher, with a building area of less than 500 square meters being 1.75 yuan per square meter, a building area of more than 500 square meters to 2,000 square meters being 1.40 yuan per square meter, and a building area of 2,000 square meters or more being charged per square meter. 1.05 yuan per meter, the minimum charge is 140 yuan/item; the steel structure house safety appraisal fee is higher, the building area is 2.10 yuan per square meter within 500 square meters, and the building area is more than 500 square meters - 2000 square meters per square meter. 1.75 yuan per square meter, and 1.40 yuan per square meter for a building area above 2,000 square meters. The minimum charge is 175 yuan per item.
[Legal basis]:
Article 10 of the "House Registration Measures of the People's Republic of China" Houses shall be registered according to basic units. The basic unit of a house refers to a house or specific space that has fixed boundaries, can be used independently, and has a clear and unique number (building number, room number, etc.). Completed housing within the scope of state-owned land shall be registered with the unit as the basic unit; non-completed housing shall be registered with fixed boundaries such as the building, floor, and room of the house as the basic unit. Villagers' houses within the scope of collective land are registered with independent buildings on the homestead as the basic unit; villagers' houses built on shared homesteads are registered with fixed boundaries such as apartments and rooms as the basic unit. Non-residential housing is registered based on the fixed boundaries of the building, floor, suite, room and other parts of the house as the basic unit.