Can the property demolish illegal buildings?

Property can't tear down illegal buildings. Details are as follows:

1. The property management company belongs to a for-profit enterprise legal person providing property services, and does not belong to the state judicial organs and administrative organs, nor does it belong to an administrative organization authorized by law;

2. According to the relevant laws and regulations, the civil enforcement power shall be exercised by the people's court according to law, and the administrative enforcement power shall be exercised by the administrative organ with administrative enforcement power or by the administrative organ or administrative organization without administrative enforcement power to apply to the people's court for exercise. As a profit-making enterprise legal person, the property company has no enforcement right. According to the relevant laws and regulations, the property management company should perform the duty of stopping and reporting when it finds that the owner has illegal decoration or construction behavior. This stop is not forced demolition, but a warning and dissuasion, and the owner will dismantle it and restore it to its original state; If the owners do not dismantle or restore to the original state by themselves, the property management company shall report to the relevant administrative departments, and the relevant administrative departments shall stop the illegal acts of the owners or deal with them according to law.

1, the property company can make clear provisions or agreements on illegal construction in the property service contract. At the same time, inspect and reasonably supervise the decoration site as much as possible;

2. If illegal construction is found, the property company can verbally dissuade it first. If oral dissuasion fails, a written rectification notice can be sent to the owner to inform him of the illegality of his behavior and ask him to stop construction and restore to the original state. At the same time, pay attention to retaining relevant evidence materials;

3. It is necessary to report the illegal construction behavior and situation to the relevant administrative departments in a timely manner, and keep relevant vouchers;

4. The property company may bring a lawsuit to the court on the grounds that the owner violates the property contract or the owners' committee violates the management statute, and request the court to order the owner to dismantle the illegal building within a time limit. After the court's judgment comes into effect, if the owner still refuses to dismantle it by himself within the prescribed time limit, the property company or the owners' committee shall apply to the court for compulsory execution, and the court shall forcibly dismantle the illegal building.

Legal basis: Article 45 of the Regulations on Property Management.

The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty 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.

Article 34 of the Administrative Compulsory Law of the People's Republic of China

After the administrative organ makes an administrative decision according to law, if the party concerned fails to perform his obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative enforcement shall enforce it in accordance with the provisions of this chapter.

Property in the face of illegal construction has the following remedies: