Which departments should complain about the illegal construction of the roof of residential quarters?

1. Complain to the property management company:

Property companies have the right to demand the removal of "illegal construction". In practice, there are many cases: the owner illegally built the building, the property company stopped it, reported it to the administrative organ, and the administrative organ did nothing. The property service company appealed to the court again, and finally the court dismissed the lawsuit on the grounds that the property service company did not have the main qualification. The maintenance of owners' interests seems to be an endless cycle with no way out.

Based on the above considerations, Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Dispute Cases stipulates that if the owner violates the property service contract or laws, regulations and management regulations, and the property service enterprise requests the owner to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstacles, the people's court shall support it. Giving property service enterprises the right to sue is based on two considerations.

First, "all owners will hand over the management right to maintain the regional order of property services to property service enterprises",

Second, "other owners often ask property service companies to stop nuisance and infringement, instead of doing it themselves." The former is a legal presumption, while the latter is a real situation. At the same time, it should be noted that the above litigation rights are both rights and obligations for property service enterprises, which is a double-edged sword.

On the one hand, it increases the management means, on the other hand, it also puts forward higher requirements for itself. Not only the requirements of the legal profession, but also the pressure from the owners will suddenly increase. Owners will have more reason not to come forward and ask the property service company to solve everything, even disputes over neighboring rights. This will be a new round of test for property service enterprises.

2. Interested neighbors also have the right to sue:

The Property Law stipulates that the neighboring parties of real estate should correctly handle the neighboring relationship in accordance with laws, regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness. At the same time, according to the provisions of Article 83 of the Property Law, owners can bring a lawsuit to the people's court in accordance with the law for acts that infringe upon their legitimate rights and interests.

Therefore, once the "illegal construction" affects the neighboring rights and interests of other owners, such as ventilation, lighting or residential safety, the owners with neighboring relations or interests can also actively take up legal weapons and bring a lawsuit to the court on the grounds of harming their own residential interests, demanding that the "illegal construction" remove the obstacles, restore the original state, compensate for the losses, and earnestly safeguard their legitimate rights and interests.