Is it legal for the property not to seal the balcony?

Balcony package involves the facade of the building, belongs to the public and involves the interests of all owners. So now some property management companies restrict owners from privately contracting balconies. The reason why property companies ban private balcony packages is also considering the overall planning and unity of the whole community. For households who seal balconies privately, property management companies generally use persuasion.

According to Article 22 of People's Republic of China (PRC) (the State Council) No.379 Property Management Regulations, before selling the property, the construction unit shall make a temporary agreement on the use, maintenance and management of the property, the interests of the owner, the obligations that the owner should perform, and the responsibilities that the owner should bear in violation of the convention.

Article 23 also mentions that the construction unit shall express the temporary owners' convention to the property buyer and explain it before the property is sold. When signing a property sales contract with the construction unit, the property buyer shall make a written commitment to abide by the temporary convention of the owners.

Therefore, if the owners have signed the temporary owners' convention when buying a house, they need to abide by it. However, if the owner closes the balcony without any change in the building wall, he can close the balcony by himself.

Because the temporary owners' convention is a standard contract, the subject of the contract should be all owners. Violation of the temporary owners' convention is a violation of the rights and interests of all owners. As a third party, the property company has no right to sue the owner.

The "temporary owners' convention" should be effective until the owners' meeting is established in the community. After the establishment of the owners' committee, the owners' committee has the right to amend unreasonable clauses in the owners' temporary convention. The owners' committee also has the right to decide to hire a new property company or formulate a new convention. ?

In addition, if the owner closes the balcony and changes the wall, it should also be treated specifically. If the load-bearing requirements in the design of the house itself cannot bear to close the balcony, the owner can not close the balcony by himself. If this part of the owner closes the balcony by himself, it needs the relevant administrative examination and approval of the relevant design unit and the construction administrative department.

Extended data:

"Property Management Regulations" Article 7 Owners shall perform the following obligations in property management activities:

(a) abide by the management regulations and the rules of procedure of the owners' congress;

(two) abide by the rules and regulations of the use of * * * parts and facilities, the maintenance of public order and environmental sanitation in the property management area;

(three) to implement the decisions of the owners' congress and the decisions of the owners' committee authorized by the owners' congress;

(four) in accordance with the relevant provisions of the state to pay special maintenance funds;

(five) to pay the property service fee on time;

(six) other obligations stipulated by laws and regulations.

Baidu Encyclopedia-Property Management Regulations