Where can I report illegal billboard construction on the second floor of a store?
The supermarket billboard downstairs extends out, making a lot of noise on rainy days. Is this considered illegal construction?
There is a composition on the supermarket billboard downstairs, and a poster lying on it on a rainy day. It makes a lot of noise. Please tell me this is a decoder. It is not a crisis, but the placement is unreasonable.
Strictly speaking, it is illegal, but some residential properties do not care about this, provided that it is at the property management After paying the corresponding fees, some city urban management will get involved. After all, you did not include these buildings in the overall design of the community buildings. You were not included in the registration records of the City Management Bureau and the Housing Management Bureau. These buildings are said to be additional gifts, but in fact they are public parts. However, during the building design, this part can only be used by a certain family. Therefore, we often mistakenly think that it belongs to our own family, because only that family can enter. That place But when we first bought the house, the salesperson made it easy for the owner to make up his mind to buy the house, so he misunderstood that the owner said he would add such a large balcony But we also thought that it was our own because When buying a house, this part is not included in the area of the house you buy. Even if you want to buy only the area, the housing management bureau’s pre paration does not include some part of the area in your home. It can only be counted as an increase. Part of it is sent, although you have the right to use it, but you do not have the right to partially modify it . If you want to add a sun shed, you need approval from the relevant departments before construction
According to the "Supre me People's Court" Interpre tation on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differentiated Ownership of Buildings" Article 15:
Owners or other actors violate laws, regulations, relevant national mandatory standards, management regulations, or violate the owners' meeting , the owners' committee makes a decision in accordance with the law and commits the following acts, which may be deemed as other "acts that damage the legitimate rights and interests of others" as mentioned in Paragraph 2 of Article 83 of the Property Law:
(1) Damage to the load-bearing capacity of the house Structure, damage or illegal use of electricity, gas, and fire-fighting facilities, placing dangerous or radioactive items in the building endangering the safety of the building or hindering the normal use of the building;
(2) Destroying or changing the building in violation of regulations The shape and color of the exterior wall damage the appearance of the building;
(3) Decoration and renovation of houses in violation of regulations;
(4) Illegal additions, alterations, encroachment, excavation of public passages, Roads, grounds or other common parts.
In addition, the "rights and obligations" in the "Owner's Covenant" also have clear provisions:
1. Unauthorized changes to the structure and appearance of the building and its facilities and equipment (including exterior walls, exterior doors, windows, The color, shape and specifications of the facilities such as balconies), design purpose, function and layout, etc.;
2. Carry out illegal chiseling, demolition, erection, etc. of the internal and external load-bearing walls, beams, columns, slabs, and balconies of the house. establish.
So even if you build it on your own balcony, it is still illegal. If you feel that the balcony is not ideally constructed, you must check in advance whether there are clauses prohibiting the construction of the balcony in the relevant contract, or report to the property, communicate and negotiate with the property and developer, and go to the relevant departments to go through the approval procedures.
When building your own balcony, you must first check whether there is a clause prohibiting construction in the relevant treaty. If not, you need to consult the property management. Secondly, you must do it without affecting other people's lighting and use. Otherwise, other owners will report to the property management. It is also necessary to communicate and negotiate with the property management company and the developer during the property registration process, and go to the relevant departments to handle the approval procedures.
The owner's covenant is the management of the property, safeguarding the legitimate rights and interests of all owners and property users, maintaining the public environment and order, and ensuring the safety and reasonable use of the property. Code of conduct regarding property use, maintenance, management, etc. jointly established by owners. The owner is obliged to refrain from the following actions within the property scope:
(1) Unauthorized changes to the structure and appearance of the building and its facilities and equipment (including exterior walls. The color and shape of exterior doors, windows, balconies and other facilities) and specifications), design purpose, function and layout, etc.;
(2) Illegal cutting, demolition, erection and construction of the internal and external load-bearing walls, beams, columns, slabs and balconies of the house;
(3) Occupying or damaging public parts, facilities and public places (grounds) such as stairs, passages, roofs, platforms, roads, parking lots, bicycle rooms (sheds), etc.;
(4) Unauthorized damage and demolition , Renovate public facilities such as power supply, water supply, gas supply, communications, drainage, sewage, fire protection, etc.;
(5) Failure to stack items, discard garbage, and throw objects at high altitudes in accordance with regulations;
(6) Violating regulations to store flammable, explosive, highly toxic, radioactive and other items, discharging toxic, harmful, and dangerous substances, and raising poultry and pets;
(7) Trampling and occupying green land, damaging and painting garden architectural sketches;
(8) Indiscriminately placing, pasting, hanging, etc. that affect the public view or the appearance of the property. Setting up billboards, etc.;
(9) Parking vehicles and honking horns at will, making noise that exceeds the pre scribed standards;
(10) Using houses to conduct activities that endanger public interests or other immoral acts;
(11) Other behaviors prohibited by laws, regulations and government regulations.
According to the "Supre me People's Court" Interpre tation on Several Issues Concerning the Specific Application of Law in the Trial of Cases concerning Disputes over Differentiated Ownership of Buildings" Article 15:
Owners or other actors violate laws, regulations, relevant national mandatory standards, management regulations, or violate the owners' meeting , the owners' committee makes a decision in accordance with the law and commits the following acts, which may be deemed as other "acts that damage the legitimate rights and interests of others" as mentioned in Paragraph 2 of Article 83 of the Property Law:
(1) Damage to the load-bearing capacity of the house Structure, damage or illegal use of electricity, gas, and fire-fighting facilities, placing dangerous or radioactive items in the building endangering the safety of the building or hindering the normal use of the building;
(2) Destroying or changing the building in violation of regulations The shape and color of the exterior wall damage the appearance of the building;
(3) Decoration and renovation of houses in violation of regulations;
(4) Illegal additions, alterations, encroachment, excavation of public passages, Roads, grounds or other common parts.
In addition, the "rights and obligations" in the "Owner's Covenant" also have clear provisions:
1. Unauthorized changes to the structure and appearance of the building and its facilities and equipment (including exterior walls, exterior doors, windows, The color, shape and specifications of the facilities such as balconies), design purpose, function and layout, etc.;
2. Carry out illegal chiseling, demolition, erection, etc. of the internal and external load-bearing walls, beams, columns, slabs, and balconies of the house. establish.
So even if you build it on your own balcony, it is still illegal. If you feel that the balcony is not ideally constructed, you must check in advance whether there are clauses prohibiting the construction of the balcony in the relevant contract, or report to the property, communicate and negotiate with the property and developer, and go to the relevant departments to go through the approval procedures.
When building your own balcony, you must first check whether there is a clause prohibiting construction in the relevant treaty. If not, you need to consult the property management. Secondly, you must do it without affecting other people's lighting and use. Otherwise, other owners will report to the property management. It is also necessary to communicate and negotiate with the property management company and the developer during the property registration process, and go to the relevant departments to handle the approval procedures.
The owner's covenant is the management of the property, safeguarding the legitimate rights and interests of all owners and property users, maintaining the public environment and order, and ensuring the safety and reasonable use of the property. Code of conduct regarding property use, maintenance, management, etc. jointly established by owners. The owner is obliged to refrain from the following actions within the property scope:
(1) Unauthorized changes to the structure and appearance of the building and its facilities and equipment (including exterior walls. The color and shape of exterior doors, windows, balconies and other facilities) and specifications), design purpose, function and layout, etc.;
(2) Illegal cutting, demolition, erection and construction of the internal and external load-bearing walls, beams, columns, slabs and balconies of the house;
(3) Occupying or damaging public parts, facilities and public places (grounds) such as stairs, passages, roofs, platforms, roads, parking lots, bicycle rooms (sheds), etc.;
(4) Unauthorized damage and demolition , Renovate public facilities such as power supply, water supply, gas supply, communications, drainage, sewage, fire protection, etc.;
(5) Failure to stack items, discard garbage, and throw objects at high altitudes in accordance with regulations;
(6) Violating regulations to store flammable, explosive, highly toxic, radioactive and other items, discharging toxic, harmful, and dangerous substances, and raising poultry and pets;
(7) Trampling and occupying green land, damaging and painting garden architectural sketches;
(8) Indiscriminately placing, pasting, hanging, etc. that affect the public view or the appearance of the property. Setting up billboards, etc.;
(9) Parking vehicles and honking horns at will, making noise that exceeds the pre scribed standards;
(10) Using houses to conduct activities that endanger public interests or other immoral acts;
(11) Other behaviors prohibited by laws, regulations and government regulations.