The new house wants to change the balcony into floor-to-ceiling windows, and the property is cut off to prevent transformation. What should I do?

It is illegal for real estate companies to prevent owners from blocking balconies with floor-to-ceiling windows, which violates the property law of owners. Recently, many news reports have organized owners to block balconies. Some communities need to check all incoming trucks to prevent owners from blocking the balcony. Some community owners just blocked the balcony and informed the real estate to be demolished, which is actually illegal. Legal experts said that according to the provisions of China's Property Law, the landlord has the right to enjoy and manage the monopoly part of the house, and the balcony belongs to the monopoly part, and the owner has the right to decide whether to close it. As a monopoly part of the balcony, the property management of real estate companies is mainly supervision and has no right to prevent owners from closing the balcony.

So we have the right to build a legal balcony for the house we bought. If the real estate company stops it and is suspected of infringing on the rights and interests of the owners, we can complain to the real estate company. In fact, according to the relevant documents of the Ministry of Construction, such as Architectural Design Standard for Nursing Facilities for the Elderly, Code for Fire Protection Design of Buildings, Technical Guidelines for Heating Metering and Energy Saving Reconstruction of Existing Residential Buildings in Northern Heating Areas, sealed balconies should be set up in cold, cold and windy areas. The effective ventilation area should not be less than 30% of the window area. Therefore, both the legal point of view and the documents of the relevant state departments have shown that the balcony is allowed to be blocked. There are two reasons. The first reason is insecurity. As mentioned in my previous article, the floor-to-ceiling windows that close the balcony are not firm. If it is broken, both the falling objects and the injured property are responsible. If an injury occurs now, which department can bear such a big responsibility? So if it is banned, it will be better managed. Finally, the quality of the decoration company invited by the owner and the quality of the balcony with floor-to-ceiling windows are not reliable. These properties are unknown and out of control. But in the event of an accident, the property is also the responsible party. In this case, real estate would rather do one more thing than reduce one.

Does the owner have the right to block the balcony? The Property Law stipulates that the owner shall have the right to own, use, benefit and dispose of the exclusive part of the building. When the owners exercise their rights, they shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. Therefore, according to the law, the owner can exercise his power to carry out transformation without harming the legitimate rights and interests of other owners. However, according to the planning and design of the house, all balconies in the community are semi-closed. If the owner personally closes the balcony, it will affect the weight and appearance of the house, which is an illegal building. On the other hand, the behavior of the owner to change the appearance of the property, such as closing the balcony, cannot be modified or expanded before the comprehensive acceptance, so it will affect the comprehensive acceptance.

Whether the balcony can be closed is not a unilateral decision of the owner or the real estate company. It depends on the requirements of residential design scheme and how to reach an agreement on this issue in the purchase contract. If the explanation of this problem in the contract is vague, the owner can negotiate with the real estate company. If it has been stipulated in the contract that "the buyer shall not block the balcony" and the owner wants to block the balcony, then in this case, it is obviously a breach of contract for individual owners to block the balcony by themselves. Community conditions are mature. After the establishment of the owners' committee, if all or most owners have the will, the owners' committee can form an agreement, make adjustments, change the existing contract terms and realize their rights. Individual owners are easy to be in a weak position, so it is feasible to set up an owners' committee to unify opinions, from the consent of blocking the balcony to the decision of construction plan and construction personnel.