Is a balcony legally considered private domain?

Updated on Balcony 2024-08-03
2 answers
  1. Anonymous users2024-01-24

    1. The balcony belonging to the owner's residence is privately owned and belongs to the private domain. However, when the owner exercises the right to his own balcony, he shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

    2. The Property Law stipulates:

    Article 70 The owner shall enjoy the ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

    Article 71 The owner shall have the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

  2. Anonymous users2024-01-23

    The private sphere is still a relatively new thing in the social life of our country. In essence, it is a space of social activity in opposition to the public sphere, especially to the power of the state. It is a space free from the interference of power for private individuals to engage in economic, moral, cultural and aesthetic activities by imposing the necessary limits on the power of the State.

    In accordance with article 39 of the Constitution, the homes of citizens of the People's Republic of China are inviolable. It is forbidden to unlawfully search or unlawfully invade the homes of citizens. That is, the inviolability of citizens' homes is a basic right of citizens, which is as important as citizens' rights to personal liberty and personal dignity, and is equally protected by law.

    Balcony: small terrace outside the upstairs room. It generally refers to the space with a permanent cover, an enclosure structure, a countertop, connected to the house, and a space that can be moved and used for occupants to carry out outdoor activities and dry clothes.

    According to its enclosed situation, it is divided into non-enclosed balconies and enclosed balconies; According to its relationship with the main wall, it is divided into concave balcony and convex balcony; According to its spatial location, it is divided into a bottom balcony and a top balcony.

    Since the balcony in your question does not indicate whether it is a balcony of a public building or a balcony of a private residence. So it's hard to judge whether it's private or not. If it is a residential balcony, then it can be said that the activity space of the balcony is part of the citizen's residence.

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