Is it illegal to build a canopy on the first floor?

Now many people will consider the developer's suggestion when buying the first floor, because the first floor is attached with a balcony preferential policy. However, with the pursuit of improving the quality of life, some owners will choose to build a canopy on the first floor to improve the quality of life. Then, the question is: Is the canopy illegal?

First of all, according to Article 39 of the Measures for the Administration of Interior Decoration of Residential Buildings: "Without the approval of the competent department of urban planning administration, anyone who builds buildings or structures in the interior decoration of residential buildings, or arbitrarily changes the facade of residential buildings or opens doors and windows on non-load-bearing external walls shall be punished by the competent department of urban planning administration in accordance with the provisions of the urban planning law and relevant laws and regulations." Therefore, if we arbitrarily change the facade of the house and build buildings and structures outside the first floor, it will undoubtedly violate the relevant regulations. Once it is discovered, it is likely to be considered illegal construction.

However, based on the characteristics of the canopy, it is difficult to identify it as an illegal building because it has no position with the ground and does not have the conditions for residents to live. Under normal circumstances, urban and rural planning departments will not directly identify awnings as illegal buildings.

However, the canopy on the first floor is likely to affect the lighting of the second floor or other households, or the noise caused by the sound of raindrops hitting the canopy will affect other owners. This situation is likely to be complained by other owners, causing neighboring rights problems, and the property will also contact the residents on the first floor to let them dismantle the canopy.

Therefore, when building a canopy, we must first communicate clearly with the developer and the property, whether we can build a canopy, if so, the suggested canopy materials and whether we need the permission of the relevant planning department, and then build a canopy on the basis of meeting all the above handling conditions.

Even if the canopy is built and a notice of illegal construction is issued, it does not mean that the canopy can be forcibly removed at will. Lawyer Yan Qing brings you professional help: 1. If you encounter the problem of neighboring rights, because the amount involved in the canopy may not be very high, it is recommended to negotiate with residents such as the property to solve the related problems. 2. The identification of illegal construction requires the urban and rural planning department to issue a clear notice of illegal construction, and it also needs sufficient evidence of illegal construction as the basis for investigation. So don't panic when you receive the appraisal of illegal construction. You can first consult a professional demolition lawyer on the facts to judge whether the other party has substantive violations and procedural violations, which will help to revoke the identification of illegal construction.