Is it against the property law to tear down the wall of the community? Who has the right to tear down the community wall?

On the question of whether or not to tear down the fence of the community, I have heard the voice of approval in my life, and at the same time I have heard the voice of doubt. Some of them questioned: how can the property be managed without a fence? What if strangers come in and out at will? The most crucial point is whether the demolition of the community wall violates the property law? Who has the right to tear down the community wall? Let's take a look with Bian Xiao.

First, does the demolition of the residential fence violate the property law?

"Several Opinions of the Central Committee of the State Council on Further Strengthening the Management of Urban Planning and Construction" mentioned that in principle, closed residential quarters should not be built to promote the block system in new residential buildings; Built residential quarters and unit compounds should be gradually opened to realize the publicity of internal roads. As the relevant departments have introduced, closed residential quarters are the product of the farming era, and we are now in a new era of industrialization, informationization and new urbanization in 2 1 century. Promoting the construction of modern cities requires us to have new ideas and explorations. Cheng Xinwen, president of the First People's Court of the Supreme People's Court, believes that the purpose of the above measures is to maximize the benefits of materials and related resources. This is a very forward-looking urban development concept that keeps pace with the times. It is the embodiment of implementing the development concept of * * * in the five development concepts put forward by the Fifth Plenary Session of the 18th CPC Central Committee. It is also an important measure to implement the central city work conference, which conforms to the current world trend and development trend and has important guiding significance for promoting urban modernization. At present, this opinion put forward by the CPC Central Committee and the State Council belongs to the policy level of the party and the state, involving the protection of the rights and interests of relevant subjects, including owners, and also a process of realizing the rule of law through legislation. As a people's court, we will pay close attention to it and respond positively.

Second, who has the right to tear down the wall of the community?

The Secretary-General of the Beijing Housing Society believes that whether the existing residential quarters are open or not should fully respect the rights of the owners of residential land use rights.

He said that the land for a residential area, whether it is the land for building roads, green spaces or residential buildings in the residential area, is obtained by the developers from the government first, and sold to the owners after the construction is completed. The land in the residential area is also distributed to every owner who buys a house. At the same time, the Property Law stipulates that if the roads in residential areas are not clearly defined as municipal roads, the property rights shall be owned by all owners. Therefore, for the existing community, whether it is open or not should be decided by the owners.

The director of the Real Estate Law Research Center of Peking University Law School said that the word "step by step" was used in the opinion that the completed residential quarters and unit compound should be gradually opened. He believes that the land use right of residential quarters can be changed when it expires in 70 years, or it can be changed when the residential buildings in residential quarters are uninhabitable and need to be rebuilt.

Yesterday, I was asked whether the residential green space and roads were included in the pool area when buying a house. If so, the owners should be compensated for the opening of the community.

Experts said that as far as Beijing is concerned, the green space and roads in the community are not included in the pool area of buying a house. These areas belong to the owner, who owns the land use right, but does not own the common area.

Professor of China University of Political Science and Law believes that the government's starting point is good, but it should respect everyone's wishes and needs when implementing it.

If there is no clear stipulation that residential roads belong to municipal roads, then they belong to residential owners in property rights. According to the Property Law, the land use right of residential areas belongs to the owners in the residential areas. These roads not only have traffic functions, but also have many other functions such as parking by community owners. In addition, the government should respect the property law, rather than forcibly demolishing the residential walls.