What responsibility should the load-bearing wall bear when it is demolished?

If the load-bearing wall is removed, the responsibilities to be undertaken are as follows:

1. If the load-bearing wall is dismantled without authorization during decoration, the property management department and the demolition person shall bear civil liability. Because the demolition violated the laws and regulations of the neighboring relationship, the property management company assumed the responsibility of poor management.

2. If the demolition causes losses to others, the demolisher shall bear tort liability for the losses and make compensation.

First, the legal liability analysis of the owner's unauthorized removal of the load-bearing wall

1. Based on the existence of the adjacent relationship, the lessee dismantled the load-bearing wall of the house without authorization, which affected the safety of the house, destroyed the structure and stress of the house, and caused unlawful infringement to the adjacent owners, and should bear the tort liability. Accordingly, the neighboring owners have the right to ask the downstairs owners to stop the infringement and restore the load-bearing condition of the building wall according to law, and the necessary repair measures carried out by the neighboring owners to restore and make up for the damage caused by the demolition of the load-bearing wall, and the related expenses should also be borne by the decoration tenants. At the same time, the appraisal of the house in this case confirms that the service life of the house will be affected and the rights and interests of the relevant owners will suffer certain losses. For this loss, you can also ask the decoration households to give some compensation.

2. Based on the entrusted management relationship, the property management company should bear the responsibility of poor management. Property management companies should be responsible to all owners for collecting property fees from them. Generally speaking, whether it is the owners' convention or the property service contract, it contains the relevant content that the load-bearing wall should not be demolished. The property management company should have the responsibility and obligation to stop the obvious illegal behavior of the downstairs owners to dismantle the load-bearing wall, but it should not condone this behavior, otherwise its behavior is actually a violation of the rights and interests of other neighboring owners. Therefore, the neighboring owners also have the right to require the property management company to bear the responsibility according to the provisions of the owners' convention and the property service contract.

3, because the demolition of the load-bearing wall will inevitably have a potential safety hazard to the building and a potential impact on the public safety of all owners. If it is not improved immediately, the life and health of the residents concerned will be threatened at any time.

Second, what should the owner do if he transforms the building structure without authorization?

1, the property issued a rectification notice. Note that the authority of the property is nothing more than that, and it cannot be forcibly removed because the property has no law enforcement power. If the property does not issue a rectification notice or the illegal building builder refuses to rectify, go directly to the urban management department of the local street or the street office under the Real Estate Bureau.

2. For the damage of the main structure of the house in the property community and the illegal construction of doors and windows, the property should stop this behavior, inform the owner that it is illegal, and discourage him from stopping the current behavior. As for who will punish, if the structure is damaged, it should be reported to the construction department, which will handle it. For illegal construction, it can be handled by the owners' congress or the street office.

Third, can neighbors privately occupy the corridor and demolish it privately?

1, no, if the neighbor occupies the illegal building in the corridor privately, the owner can't dismantle it privately, otherwise he will bear the tort liability and need to compensate the neighbor for the corresponding losses.

2. It is still necessary to negotiate with neighbors and try to reach a solution that is satisfactory to both sides, without making the neighborhood relationship too rigid. If the neighbors are unwilling to negotiate or fail to negotiate, the owners can complain to the owners' committee and ask the neighbors to restore the corridor to its original state, or settle the dispute through mediation by the neighborhood committee.

3. If the dispute cannot be resolved, the owner can collect relevant information and evidence to bring a lawsuit to the court, demanding to stop the infringement, restore the original state and compensate for the losses.

legal ground

People's Republic of China (PRC) Civil Code

Article 1252 Where a building, structure or other facility collapses, causing damage to others, the construction unit and the construction unit shall be jointly and severally liable, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit and the construction unit make compensation, if there are other responsible persons, they have the right to recover from other responsible persons.

If buildings, structures or other facilities collapse due to the owner, manager, user or a third party, the owner, manager, user or a third party shall bear the tort liability.

Measures for the administration of interior decoration of residential buildings

Fifth residential interior decoration activities, prohibit the following acts:

(a) without the consent of the original design unit or the design unit with corresponding qualification grade, changing the main body and load-bearing structure of the building without authorization;

(2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;

(3) expanding the original size of doors and windows of the load-bearing wall and removing the brick-concrete wall connected with the balcony;

(four) damage to the original energy-saving facilities of the house, reducing the energy-saving effect;

(five) other acts that affect the safety of building structure and use.

The term "building subject" as mentioned in these Measures refers to the structural structure of building entities, including roofs, floors, beams, columns, supports, walls, connecting nodes and foundations.

The term "load-bearing structure" as mentioned in these Measures refers to the main structural members and their connecting nodes that directly transfer their own weight and various external forces to the foundation, including load-bearing walls, uprights, columns, frame columns, piers, floors, beams, roof trusses and suspension cables.

Thirty-eighth residential interior decoration activities have one of the following acts, the municipal real estate administrative department shall order it to make corrections and impose a fine:

(1) If rooms and balconies without waterproof requirements are changed into bathrooms and kitchens, or brick and concrete walls connecting balconies are removed, the decorator shall be fined more than 1000 yuan, and the decorator shall be fined more than 1000 yuan 1000 yuan;

(two) damage to the original energy-saving facilities of the house or reduce the energy-saving effect, and impose a fine of 5000 yuan to 65438 yuan on the decoration enterprise;

(three) unauthorized removal of heating, gas pipelines and facilities, the decoration of people at 500 yuan more than 0 million yuan fine;

(4) If the floor load is increased beyond the design standards or specifications without the consent of the original design unit or the design unit with corresponding qualification grade, the decorator shall be fined more than 1000 yuan, and the decorator shall be fined more than 1000 yuan 1000 yuan.

Regulations on the administration of seismic fortification of construction projects

Article 26 whoever alters or destroys the seismic components, isolation devices, damping components or seismic response observation systems of buildings without authorization shall be ordered by the competent construction department of the local people's government at or above the county level to make corrections within a time limit, and be fined 1000 yuan for individuals and 1000 yuan to 30,000 yuan for units.