The newly-built housing property is not allowed to remove the guardrail. Does the property violate the property law?

Whether new houses and properties are not allowed to dismantle guardrails violates the property law mainly depends on the materials such as the purchase contract, the owners' convention and the property management contract signed by the owners. If it is clearly agreed that the guardrail cannot be removed, the property is usually not illegal, and the authority of the property management service mainly comes from signing a management contract with the owner.

Legal analysis

According to relevant laws and regulations, the owner will sign relevant property contracts when buying a house. If there are relevant provisions in the contract, the property has the right to prevent the owner from removing balcony railings or guardrails. According to the property management service contract signed with the owner, the property management company is hired by the owner to provide property management services for the owner, and its management service authority comes from the stipulations of the property management service contract and the restrictions of relevant laws and regulations. Property is also for the sake of the beauty and safety of the whole building, so we should understand each other. Generally speaking, the balcony guardrail can't be removed if you want. If the developer explicitly requests that it cannot be demolished, it is best not to demolish it, especially for high-rise buildings with old people and children at home. It's much safer to have a guardrail. In addition, there may be some situations that can be removed, but before that, you need to declare to the property. Property services claim rights and perform obligations according to the property service contract between the owner and the property management company. Whether the guardrail can be dismantled depends on how the service contract is negotiated on the one hand, and what is the legal basis for the owner's refusal to dismantle it on the other. Generally speaking, changing the housing structure requires the approval of the local construction management department. If the owner does not listen to the advice and violates the property regulations, he may be fined and forcibly removed. Unqualified contractors may not be allowed into the community, or the construction is harmful, and they will pay a lot of compensation.

legal ground

"Regulations on Property Management" Article 46 A property service enterprise shall assist in the safety work within the property management area. When a safety accident occurs, the realty service enterprise shall, while taking emergency measures, report to the relevant administrative departments in time to assist in the rescue work. The realty service enterprise shall abide by the relevant provisions of the state when hiring security personnel. Security personnel shall perform their duties when maintaining public order in the property management area, and shall not infringe upon the legitimate rights and interests of citizens.