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Which department should the residents downstairs complain about the demolition of the load-bearing wall?
It is not uncommon for owners to dismantle load-bearing walls without authorization when decorating houses in accordance with the law. Removing the load-bearing wall may affect the safety of the house, which is not allowed.
If the load-bearing wall is dismantled without authorization in the decoration, the property management department and the demolition person shall bear civil liability. If the demolition causes losses to others, the demolition person shall bear the tort liability and compensate for the losses. Because the demolition violates the legal provisions of the adjacent relationship; Property management companies should bear the responsibility of poor management.
At present, no matter the management convention or the entrusted management contract, there are relevant regulations that the waterproof layer should not be removed or destroyed. The property management company collects the deposit when the owner decorates, and checks whether there are any irregularities such as structural damage and waterproof structure when the decoration is completed. If the property management company turns a blind eye to this behavior, it is tantamount to conniving at this behavior and infringing on the neighboring owners, who have the right to defend their rights and demand compensation and recovery.
In addition, when the owner buys a house, the developer also gives the instruction manual of the building accordingly, and the instruction manual also has clear words and pictures to explain the use of the house and the load-bearing wall. Owners should strictly abide by the decoration and use, do not cross the border, otherwise it will lead to consequences, not only to compensate for the losses, but also to restore the original state, but also to destroy the neighborhood relationship, resulting in tension in the neighborhood and unable to live in harmony with the neighborhood.
The renovation of the wall in the decoration cannot damage the load-bearing wall. First of all, because the damage to the load-bearing wall is the damage to the seismic capacity of the building where it is located, according to Article 26 of the Regulations of the Ministry of Construction on the Management of Seismic Fortification of Building Construction Projects:
Whoever, in violation of the provisions of this Ordinance, alters or destroys the seismic components, isolation devices, damping components or seismic response observation systems of buildings without authorization shall be ordered by the competent construction department of the local people's government at or above the county level to make corrections within a time limit, and be fined 1000 yuan for individuals and 1000 yuan to 30,000 yuan for units. "Not only to restore, but also a fine.
In addition, there will be residential property management regulations in various places, and there will be provisions on load-bearing walls. For example, Article 41 of Shanghai's Regulations on Residential Property Management stipulates: "If the load-bearing structure of a house is damaged in violation of the provisions of the first paragraph of Article 26 of these regulations, the district (county) real estate management department shall order it to immediately correct it and restore it to its original state, and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; If the circumstances are serious, a fine of more than 100,000 yuan and less than 200,000 yuan may be imposed. " According to this regulation, the damage of the load-bearing wall should not only be restored, but also be fined up to 200 thousand. Therefore, the load-bearing wall is absolutely untouchable.
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