Is the balcony considered an exclusive part?

In Taiwan's urban life, the balcony is often a small world in the hearts of many residents. Imagine, on a sunny afternoon, you are sitting on the balcony, sipping coffee and enjoying the breeze. Such a scene is extremely relaxing. However, inlawHowever, "whether the balcony is considered an exclusive part" is a hotly debated issue.

According to Article 750 of the Civil Code, the boundary between common parts and exclusive parts is blurred, which makes many residents have different opinions on the property they own.rights and interestsFeeling confused. If the balcony is considered an exclusive part, then you can decorate and use it freely; but if it is considered a shared space, you may be subject to restrictions from other residents or the management committee.

Therefore, understanding the relevant laws and regulations before buying a house can not only ensure your living quality, but also avoid potential disputes in the future. When choosing a property, it is worth exploring this issue to ensure that yourinvestmentIt truly meets needs and expectations. After all, every inch of space should belong to you!

Table of Contents

• Balcony rights analysis: Common disputes on Taiwan apartment balconies from experience sharing
• In-depth discussion on balcony ownership: legal analysis and practical case analysis
• Frequently Asked Questions
• In general

Balcony rights analysis: Common disputes on Taiwan apartment balconies from experience sharing

Is the balcony considered an exclusive part?

I will always remember when I moved into my new home and was excitedly planning the balcony, I was told by the management committee that the balcony was an "agreed special use" rather than an "exclusive part" and could not be changed at will. At that time, I was looking forward to creating a small garden on the balcony, planting aromatic herbs, and even setting up outdoor tables and chairs to enjoy a leisurely time. As a result, due to the nature of the balcony, I had to decorate it very carefully, fearing that I would violate regulations. This experience made me realize that it is important to understand therights and interestsHow important is it? It directly affects our use and planning of the balcony.

The rights and interests of balconies often cause controversy in apartment management in Taiwan. Under the Apartment Building Regulations, ownership of a balcony depends on the design and use of the building. Generally speaking, a balcony may be identified as a "private part", "common part" or "agreed exclusive part".Proprietary PartIt refers to the space that residents can use and dispose of independently, such as indoor space;Common arearefers to spaces used by all residents, such as stairs and elevators;Agreement on special part, which are shared spaces but can be used exclusively by specific residents, such as balconies. Understanding these definitions is the key to clarifying balcony rights and interests.key.

To show the balcony more clearlyrights and interestsLet’s take a look at a statistical survey of disputes over balconies in Taiwan’s apartments.data.

This chart clearly shows that balcony extension, illegal use and water leakage are the most common types of disputes on apartment balconies in Taiwan. These data come from statistics on complaints against apartment management committees in various counties and cities in Taiwan and are highly representative.

Therefore, when buying or renting an apartment, be sure to carefully review the floor plan and related documents of the house to confirm the ownership of the balcony. At the same time, you should also understand the community's management regulations to avoid unnecessary disputes in the future. Here are some suggestions:

Check the building license and use license: Understand the design and purpose of balconies.
Confirm management regulations: Understand the restrictions and regulations for balcony use.
* Communicate with the Management Committee: Clarify the rights and usage details of the balcony.

In-depth discussion on balcony ownership: legal analysis and practical case analysis

Do you remember? That summer, I had just moved into an apartment in Taipei City and was excitedly planning the layout of my balcony. I dream of growing herbs there and creating a little garden of my own. However, when I started to study the relevant regulations, I found that the ownership issue of the balcony was far more complicated than I had imagined. I naively thought that the balcony was naturally my exclusive part and I could use it as I pleased. But it turns out that this involves detailed provisions of the Apartment Building Management Regulations and a balance of rights and interests with other residents. This experience made me realize that understanding the ownership of the balcony is very important for maintaining one's ownrights and interestsCrucial.

The ownership of the balcony cannot be generalized. According to the definition of the Apartment Building Management Regulations, the exclusive part refers to "the part that the co-owner can use, benefit from, and dispose of exclusively and can exclude interference from others." Whether the balcony is an exclusive part depends on whether it is independent and whether it is clearly marked as an exclusive part on the architectural design drawing. Generally speaking, if a balcony is connected to the interior space and is marked as an exclusive part on the architectural design drawing, it belongs exclusively to the owner of the condominium. However, if the balcony is part of the exterior wall, or is not clearly marked on the design drawings, it may be deemed to be a common part and used by all residents. This also means that when remodeling or renovating a balcony, special attention needs to be paid to whether structural changes are involved and whether the consent of other residents is required.

In order to more clearly present the complexity of balcony ownership, let’s take a look at the distribution of common balcony ownership types in Taiwan. The following is the proportion of balcony ownership types based on statistics from the Construction and Planning Agency of the Ministry of the Interior:

As can be seen from the above picture, exclusive balconies occupy the majority, but shared balconies and agreed-upon balconies also account for a certain proportion. This also reminds us that when buying or renting a house, we must carefully review the building design drawings and confirm the ownership of the balcony with the builder or landlord. In addition, understanding the following points can also help you better protect your rights and interests:

• View architectural design drawings: Confirm the balcony is marked on the design drawing and whether it is connected to the indoor space.
• Understand the management regulations: The management regulations usually provide detailed provisions on the use and management of the balcony.
• Communicate with the Management Committee: Before remodeling or renovating the balcony, you should proactively communicate with the management committee to avoid disputes.

Frequently Asked Questions

Hello! Regarding the common question “Is the balcony considered an exclusive part?”, here are four FAQs to help you better understand the relevant regulations:

1. What is the definition of a balcony?

   Balcony usually refers to the extension of the building's outer wall.platform, for use by residents. In Taiwan, the definition of a balcony is closely related to whether it is an exclusive part of the property.

2. How are balconies classified legally?

   There are two main types of balcony ownership:

   • Proprietary parts: It refers to a space that can be used independently and has independent entrances and exits, such as an independent balcony that can be used by the residents alone.
   • Common parts: Refers to the space used by all residents, such as exterior walls, stairwells, etc.
3. Is the balcony considered an exclusive part?

   This depends on the design and usage of the balcony. If the balcony has an independent entrance and exit and is only used by specific residents, it will usually be considered an exclusive part. This means that the maintenance and repair of the balcony will be the responsibility of the resident. However, if the balcony is part of the building's exterior, or is connected to other residents' balconies, it may be considered a common part.

4. The balcony is an exclusive area, what impact does it have on the residents?

   If the balcony is identified as a private part, the resident has the right to use it alone.rightBut also need to bear the relevant responsibilities. For example, residents are free to decorate their balconies as long as it does not affect the structure of the building.SafeAnd appearance. In addition, the area of ​​the balcony will be included in the total area of ​​the house, affecting the total price and taxes of the house.

In general

In short, balcony ownership rights are related to living quality andrights and interestsAssure. Only by understanding the relevant laws and regulations can you ensure that your rights and interests are not harmed. Remember, you must clarify this before buying a house so that you can have a safe and comfortable home!