Potential assets of green space

It is a common social problem that illegal buildings in residential quarters infringe on the public interests of residential quarters. For some owners who build illegal buildings privately, the property management company or the owners whose rights have been infringed should take the initiative to protect their rights, and if necessary, they can bring a lawsuit to the people's court, demanding to stop the infringement, restore the original state and compensate for the losses. Illegal buildings generally have the following situations: \ x0d \ x0d \ 1. It is illegal to build a private sun room \x0d\ 1. First, it should be clear that the balcony used by the owner is the exclusive part of the owner. According to the second paragraph of Article 2 of the Interpretation of Differentiated Ownership of Buildings, the balcony must meet the following conditions in order to become a part of the exclusive part: it conforms to the plan, that is, the plan approved by the planning administrative department. Physically belonging to a specific house. It is stipulated in the sales contract. In addition, the terrace should generally be recognized as the public part of the community, and no owner may build a building without permission. \x0d\ x0d \ 2。 Generally speaking, illegal buildings refer to houses and facilities built in violation of relevant laws and regulations such as the Land Administration Law and the Urban Planning Law. Unauthorized use of the sun room not only destroys the original state of the roof and partition wall, changes the original design purpose, but also affects the overall landscape of the community and infringes on the interests of all owners. Therefore, illegal buildings should be removed immediately. \x0d\ x0d \ II。 Unauthorized expansion of balcony area needs to be restored to its original state \ x0d \ x0d \ 1. According to \ x0d \ the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes, Article 4 stipulates that "the owner violates the property service contract or laws, regulations and management regulations, and has behaviors that hinder the property service and management. \x0d\2。 The act of occupying green space to expand the balcony area is not only a breach of contract in violation of management regulations, but also an illegal act of building illegal buildings in violation of the Land Management Law, the 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 and breach the contract dismantle the illegal buildings themselves. This is not only the right but also the obligation of the property management company. \ x0d \ x0d \ III。 Neighbors' illegal construction shall be dismantled \ x0d \ x0d \ 1. The Property Law stipulates that neighboring parties to real estate should correctly handle neighboring relations in accordance with laws, regulations and social ethics and in the spirit of convenience, solidarity and mutual assistance, fairness and reasonableness. \x0d\2。 According to the provisions of Article 83 of the Property Law, 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 his safe living interests are damaged. \x0d\3。 Illegal construction obviously violates the provisions of the neighboring relations law and infringes on the interests of neighboring people. At this time, as interested neighboring owners, they have the right to appeal to the court and demand the immediate demolition of illegal buildings to eliminate the nuisance and potential harm.