What laws are violated by occupying public areas for illegal construction?

In violation of the provisions of Article 4 and Article 83, the owner may bring a lawsuit to the people's court in accordance with the law for any act that infringes upon his lawful rights and interests, and the owner who has an adjacent relationship or interest may bring a lawsuit to the court on the grounds that it harms his safe life interests.

The Property Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relationship in accordance with laws, regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness. The people's court should support the exclusion of obstruction and other corresponding civil liabilities.

Unauthorized occupation of public areas by owners of residential quarters is not only a breach of contract in violation of management regulations, but also an illegal act in violation of land management law, urban planning law and other relevant laws and regulations. The property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law or breach the contract stop occupying public areas, which is both the right and the obligation of the property management company.

According to Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes, "the people's court shall support the property service enterprises that request the owners to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstruction." . Unauthorized occupation of public areas by owners of residential quarters is not only a breach of contract in violation of management regulations, but also an illegal act in violation of land management law, urban planning law and other relevant laws and regulations. In this case, the property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law or breach the contract stop occupying the public area, which is both the right and the obligation of the property management company. The Property Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relationship in accordance with laws, regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness. At the same time, according to the provisions of Article 83 of the Property Law, owners can bring a lawsuit to the people's court in accordance with the law for acts that infringe upon their legitimate rights and interests, and owners with adjacent relations or interests can bring a lawsuit to the court on the grounds of harming their safe living interests.

Two, other mandatory residential area owners occupy the property in public areas as stipulated by laws and regulations? Forty-fifth property service enterprises should stop the violation of public security, environmental protection, property decoration and use and other laws and regulations in the property management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law. Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit. Article 44 of the Administrative Enforcement Law requires the compulsory demolition of illegal buildings, structures and facilities, which shall be announced by the administrative organ and ordered by the parties to dismantle them themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcefully dismantle Article 68 of the Urban and Rural Planning Law according to law. After the competent department of urban and rural planning has made a decision to stop the construction, if the parties concerned fail to stop the construction or dismantle it within the time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it.