居民楼允许挂广告牌吗

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居民楼允许挂广告牌吗
1个回答 分类:广告牌 2024-09-23 16:15:31

问题解答:

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⑴Can I hang up a billboard on the first floor of a residential building if I don’t agree with it on the second floor? What does the law say?

No, the facade of the building is shared by all owners of the building, and hanging billboards requires the consent of all owners.

The "Property Rights Law" stipulates:

Article 72: Owners shall enjoy rights and assume obligations for the common parts other than the exclusive parts of the building; they shall not fail to perform their obligations by giving up their rights.

Article 73 Roads within building zones are owned by the owners, except for urban public roads. Green spaces within building zones are owned by the owners, except those that are urban public green spaces or are expre ssly owned by individuals. Other public places, public facilities and property service buildings within the building zone belong to the owners.

Extended information:

In addition to the consent of the second floor owner, the following regulations also need to be complied with:

《 Urban City Appearance and Environmental Sanitation Management Regulations

Chapter 2 Article 11: Outdoor advertisements, placards, galleries, windows, etc. set up in the city must have healthy content, beautiful appearance, and be regularly maintained and maintained. Decorate or remove. The installation of large-scale outdoor advertisements must obtain the consent of the city appearance and environmental sanitation administrative department of the city people's government, and go through the approval procedures in accordance with relevant regulations.

Chapter 4 Article 36: Anyone who commits any of the following acts shall be ordered by the city appearance and environmental sanitation administrative department of the city people's government or the unit entrusted by it to stop the illegal act, clean up, dismantle or take measures within a time limit. Other remedial measures, and fines may be imposed:

(1) Setting up large-scale outdoor advertisements without the consent of the city appearance and environmental sanitation administrative department of the city people's government, affecting the city appearance.

Reference: Baidu Encyclopedia - Property Law of the People's Republic of China

⑵Can advertisements be posted on the exterior walls of residential buildings?
Advertising is not allowed.
1. The exterior walls of residential buildings are public parts. If commercial advertisements are published, the proceeds shall belong to all owners. According to Article 70 of the Property Law, the owners have exclusive rights to the residential and commercial buildings and other exclusive parts of the building. Enjoy ownership and joint management rights over the common parts except the exclusive parts. The exterior wall of a residential building is a common part of all owners. If the revenue is obtained from the legal use of the building's exterior wall for outdoor advertising, it should be distributed proportionally to all owners. Therefore, even if the resident provides advertisements on the exterior wall of his balcony for free, he should still pay consideration to other owners. According to regulations, outdoor billboards require approval from the industrial and commercial department before they can be hung. Approved billboards will have a number on the board. If not, they can be removed through complaints to the urban management or the industrial and commercial department.
2. Articles 3 and 4 of the Supre me People's Court's "Interpre tation on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differentiated Ownership of Buildings" stipulate that the exterior walls of buildings should be recognized as common parts as referred to in Chapter 6 of the Property Law. If the owner uses the common parts such as the roof and the exterior walls corresponding to the exclusive parts for free based on the reasonable needs for the specific use functions of the exclusive parts such as residences and commercial buildings, it should not be deemed as infringement, but it violates laws and regulations. , management regulations, or harming the legitimate rights and interests of others.
3. If the property management company privately instructs advertisers to enter the community to promote advertisements and place advertisements on the exterior walls of the community, this behavior will seriously affect the lives of community residents and should be stopped.
Extended information
There is a fine for posting small advertisements on the wall. According to Article 34 of the "Urban City Appearance and Environmental Sanitation Management Regulations", if anyone commits one of the following acts, the city appearance and environmental sanitation administrative department of the city people's government or its entrusted unit may, in addition to ordering him to correct the illegal behavior and take remedial measures, Warnings and fines are also imposed: Those who spit, defecate, and litter peels, paper scraps, cigarette butts and other wastes: those who graffiti, engrave on urban buildings, facilities, and trees, or who hang or post promotional materials without approval: Stacking or hanging items that hinder the appearance of the city on the balconies and windows of buildings facing the streets specified by the urban people's government; Dumping garbage and feces in a manner that does not comply with the pre scribed time, place, and method; Failure to perform the cleaning and cleaning obligations in the sanitation area; or Failure to clean up and dispose of garbage and excrement in accordance with regulations; transportation of liquids and bulk goods without sealing, bandaging, and covering them, causing leakage and scattering; failure to set up guardrails or shields at construction sites facing the street, and failure to tidy up the shutdown site in a timely manner and make necessary coverings or complete the work Failure to clean up and level the site promptly affects city appearance and environmental sanitation.

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