What should the owner of the first floor of the community do without authorization?

Opening a shop without approval, from the perspective of urban planning, is an act of changing the nature of the use of buildings or structures without authorization. Changing the use of a building means changing the original planning scheme. It is illegal to obtain a planning permit for a construction project through strict examination and approval procedures.

Legal analysis

First, who is responsible for breaking the wall and opening the door without authorization?

1. If an owner is found to tear down the wall and open the door privately, you can report it to the property management company first, and the property management company has the responsibility to stop the illegal behavior of the owner.

2. If the property company stops it, but the owner still ignores it, then the property company can also report to the property office of the local Housing and Construction Bureau. Check by the relevant personnel of the property department whether there are potential safety hazards and whether the load-bearing wall is damaged.

3. If the owner removes the load-bearing wall, he can report it to the urban management department, and the staff will go to the site for inspection. If it really belongs to illegal buildings, it should be banned according to law, and the built houses should be demolished according to law, and ordered to be restored to their original state within a certain period of time.

Second, the harm of breaking the wall and opening the door without authorization

1. If someone breaks down the wall and opens the door at home, it may destroy the load-bearing wall and affect the building structure, which will not only put them in danger, but also bring trouble to other owners.

2. If the owner does not go through the relevant report and get the construction permit, he will carry out the construction privately, which will also produce a lot of noise, seriously affecting the rest of other owners and causing nuisance.

legal ground

Article 64 of the People's Republic of China (PRC) Urban and Rural Planning Law shall be ordered by the competent department of urban and rural planning of the local people's government at or above the county level to stop the construction without obtaining the construction project planning permit or failing to carry out the construction in accordance with the provisions of the construction project planning permit; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.