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Does the owner have the right to install air conditioning on the facade of the building?
Basis for location management of public areas, fa? ades and outdoor units of air conditioners in decoration management.
A, the provisions of the use of public parts:
1. Provisions in the Supplementary Agreement and Annexes to the Commodity House Purchase and Sales Contract:
Article 6 of the Supplementary Agreement and Annexes to the Commodity House Sales Contract (Supplementary Agreement in Article 20 of this Contract) stipulates that:
The Buyer agrees that the owner adjacent to the roof or terrace or ground floor garden of the building constituting the exclusive space enjoys the exclusive use right of the roof or terrace or ground floor garden, and promises not to infringe or hinder the owner's exclusive use right. The specific scope of the exclusive use right shall be divided by the seller before the sale, except for the roof, terrace or ground floor garden where the public facilities such as flue, air conditioner and water pipe of the building are installed.
Owners who use roofs, terraces or ground-floor gardens shall provide convenience for the maintenance and management of public buildings, abide by the unified decoration management regulations of property management companies, and shall not change the isolation mode, damage public facilities, harden the ground, change the use or occupy public green spaces in residential areas.
Two. Regulations on the management of the facade during the renovation:
1. Provisions in the Supplementary Agreement and Annexes to the Commodity House Purchase and Sales Contract:
Article 8 (other agreements) of the Supplementary Agreement and Annex to the Commodity House Purchase and Sales Contract stipulates that:
In order to ensure the overall image of the project building, the buyer shall not change the external image of the house and building without authorization (including but not limited to closing the balcony, external doors and windows, changing the material, color and style of the external wall, etc. ). If it is really necessary to change the external image of the house or building under special circumstances, the buyer shall make a written commitment to bear the losses caused to other owners, and submit the decoration scheme and application to the property management company for review in advance, and then make adjustments with the written consent of the property management company. If the buyer changes the appearance of the house or building without authorization, the seller has the right to require the buyer to pay 20% of the total house price agreed in this contract as liquidated damages, and the losses caused to other owners shall be borne by the buyer.
2. Provisions of the Measures for the Administration of Residential Interior Decoration (DecreeNo. Ministry of Construction [2002]110);
Article 6 of the Measures for the Administration of Residential Interior Decoration stipulates: "Without approval, the decorator shall not engage in the following acts:
(1) Building buildings and structures;
(two) to change the facade of the house and open the doors and windows on the non-load-bearing external wall;
(3) Dismantling heating pipelines and facilities;
(four) the demolition of gas pipelines and facilities.
The acts listed in items (1) and (2) of this article shall be approved by the competent department of city planning administration; The third behavior shall be approved by the heating management unit; Article 4 The act shall be approved by the gas business unit. "
3. The provisions of the interim management statute:
Article 15 of the Interim Management Statute stipulates that:
Owners and users shall not engage in any of the following acts that endanger the safety of buildings or damage the legitimate rights and interests of others, except in compliance with laws, regulations and policies:
Changing the structure and appearance without authorization (including the color, shape and specifications of external walls, external doors and windows, balconies and other facilities, etc.). ), the design purpose, function and layout of the building and its facilities;
Paste, hang, scribble, depict, carve, scribble, set up billboards, etc. Affecting the appearance of the city or the property;
Unauthorized installation of sunshade, awning, flower stand and other structures on the external wall of the building, failure to install air conditioning at the designated location, and failure to carry out drip treatment.
Three. Regulations on installation and management of main engine of facade air conditioner:
1. Provisions in the instruction manual for commercial housing:
Article 8 of the Manual for the Use of Commercial Housing (House Decoration) stipulates that:
Please remember when installing the air conditioner:
1. Install according to the original design and the location specified by the property management company;
2. Be sure to connect the drain pipe of the indoor and outdoor unit to the nearby floor drain;
3. After the installation, be sure to close the remaining space of the reserved hole of the air conditioner, otherwise rain or small animals may enter the room.
2. The provisions of the interim management statute:
Article 5 of the Interim Management Statute stipulates that:
When installing air conditioning, it should be installed in the reserved position in the house design. If there is no reserved location, it shall be installed in the location specified by relevant regulations or property service enterprises or other managers.
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