Legal provisions on illegally closing balconies

The balcony is the private property of the owner, and no one can interfere.

In order to ensure that buildings meet the basic requirements of applicability, safety and hygiene, these general rules are formulated as the same rules that must be observed in the design of various civil buildings.

Property ownership refers to the right of the owner to possess, use, benefit and dispose of his property according to law. "

Because the purchase contract does not specify that the balcony is the facade that the owner has no right to deal with, and the owner has paid the balcony area fee, the balcony can be regarded as the exclusive part of the owner's house.

As the owner, the owner has complete power to possess, use, benefit and dispose of his house. The owner closes his balcony, which is the performance of exercising and using the right of punishment.

Owners have the right to possess, use, profit from and dispose of the exclusive parts of their buildings. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Article 286 of the Civil Code of People's Republic of China (PRC) * * * Owners shall abide by laws, regulations and management regulations, and relevant behaviors shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.

The owners' assembly or the owners' committee has the right to ask the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore to the original state and compensate for the loss of any act that damages the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages illegally, refusing to pay property fees.

If the owners or other actors refuse to perform relevant obligations, the parties concerned may report or complain to the relevant administrative departments, which shall deal with them according to law.

Article 284 of the Civil Code of People's Republic of China (PRC) * * * The owner can manage the building and its ancillary facilities by himself, or entrust the property service enterprise or other managers to manage it.