Do you need the owner's consent to install the communication tower on the roof?

The installation of the signal tower must be approved by more than two-thirds of the residents in the community. For the installation of the signal tower, the installation of the signal tower belongs to the enterprise behavior of the operator company, as long as the installation meets the safety operation specifications. But as far as the installation site is concerned, the consent of the site owner is required. The roof of the residential area belongs to the pool area and belongs to the collective ownership of the residents in the building. Therefore, if you want to install a signal tower on the roof, you should obtain the consent of more than two-thirds of the residents of the building.

Owners can exercise part of the ownership of the building through the owners' meeting or the owners' committee. The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations. When the owner transfers the residential and business premises in the building, part of its * * * ownership and * * * management rights are transferred together. Roads within the building division belong to the owner, except those belonging to urban roads. The green space in the building division belongs to the owner, except the urban public green space or the express individual. Other public places, public facilities and property services within the building division are owned by the owner. In the building division, the parking spaces and garages planned for parking cars should first meet the needs of the owners. Within the building division, the ownership of parking spaces and garages planned for parking cars shall be agreed upon by the parties through sale, gift or lease. Those who occupy the roads or other venues owned by the owner to park their cars shall be owned by the owner.

In the property management area, when the area of the delivered exclusive part exceeds 50% of the total construction area, or the first house has been delivered for two years, the district real estate department where the property is located shall organize the owners to set up a preparatory group for the owners' meeting in conjunction with the subdistrict office and the Township People's government, and elect the owners' committee.

The regulations for installing signal base stations on the roof of residential buildings are as follows: during the base station construction, the antenna must be higher than the main ray direction of the antenna and within 22 meters from the building, 1.2 meters. If the base station is installed on the roof of residents, it needs the consent of more than half of the owners of the community.

Signal towers installed in residential areas can only be installed after obtaining the consent of the owners or the opinions of the owners' committee. Some communities have installed signal towers (basically developers) or property companies when they start to move in. These signal towers need space (houses) or places, and they need certain electricity or instrument boxes. Therefore, a certain fee will be given to the property management company every year. But the radiation (electromagnetic wave) of signal tower is harmful to human body, especially to pregnant women and babies. Under normal circumstances, the factory equipment is within the scope of state regulations, but it is basically in violation of state regulations when used. Some countries have a policy that as long as a report is made, an investigation reply must be made.

legal ground

People's Republic of China (PRC) Civil Code

Article 277 An owner may establish an owners' meeting and elect an owners' committee. The specific conditions and procedures for the establishment of the owners' congress and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's government and the residents' committee shall give guidance and help to the establishment of the owners' congress and the election of the owners' committee.

Article 278 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.