How to deal with the problem of occupying public land?

The Housing Authority will order the property company to restore and rectify the occupied area according to the original planning and design plan.

Article 49 of the Property Management Regulations stipulates that public buildings and facilities built in accordance with the plan within the property management area shall not be changed.

Article 5 1 of the Property Management Regulations stipulates that owners and property management enterprises shall not occupy or dig roads and sites in the property area without authorization, which will harm the interests of owners.

If it is really necessary for the owners to temporarily occupy or dig roads and sites for the maintenance of property or public interests, they shall obtain the consent of the owners' committee and the property management enterprise.

It is forbidden to damage or occupy or rebuild the * * * part of the property and the * * * facilities in the property management area without authorization.

Therefore, the owner can't live privately.

If you want to change, you must seek the consent of the relevant owners, and you must seal the industry Committee.

After that, you can register with the industrial and commercial department.

Property management companies use public places with the consent of all owners, otherwise they cannot occupy them.

Even if the developer and the property company have a written agreement to allocate the equipment floor to the property company as office space, the property company only has the right to manage the equipment floor, but has no right to use it.

Extended data

Under normal circumstances, the residential area belongs to all the owners except the exclusive part of the owners. This part is called public land, such as driveway, sidewalk, stairwell, corridor, green space and so on. In a residential area.

Some owners think that the public land in the community is empty, and no one uses it anyway. Instead of being idle, it is better to use it yourself and make the best use of it.

However, this kind of behavior will often turn into disorderly construction, littering, destruction of green space and other phenomena. These behaviors have seriously damaged the overall image of the community and affected the quality of life of other owners.

Moreover, Article 70 of China's Property Law clearly points out that the owners have the ownership of proprietary parts such as houses and business premises in the building, and the parts other than proprietary parts have the right to be jointly managed with * * *, and the owners and property management enterprises are not allowed to occupy or dig roads and sites in the property area without authorization, which harms the interests of the owners.

In other words, the public land in the residential area belongs to all the owners. If a single owner privately occupies public land, it will infringe on the rights and interests of all owners.