Can the developer stop the owner from sealing the balcony?

Is the clause that developers prohibit owners from sealing balconies effective? Invalid clause expected. When the owner owns the exclusive part of the building, he shall not endanger the safety of the building or damage the legitimate rights and interests of other owners. Property companies can't prohibit the owners of residential areas from sealing balconies, and take unauthorized demolition and water and power cuts. Next, Bian Xiao will introduce you one by one.

When buying a house, the developer and the owner agreed in the contract not to make any changes to the exterior wall and balcony of the house, and not to close the balcony by themselves. But in fact, many owners ignored the contract and closed the balcony after moving in. Then, does it have legal effect for the developer to write the balcony clause into the contract? Is it a breach of contract for the owner to renovate the balcony?

In order to maintain the harmony of the building, the developer does not allow the owner to transform it at will, but it is easy for the owner to cause disputes between the two sides because of safety considerations. It should be said that the agreement in the contract that the developer prohibits the owner from closing the balcony is a format clause, which excludes the main rights of the owner and should be invalid only from its unilateral consideration. This is because the balcony belongs to a specific part of the main body of the house and is independent in structure and use. It should be recognized as an exclusive part of the house, and the owner enjoys exclusive ownership according to law. The owner needs to close the balcony in order to live safely. If it does not harm the legitimate rights and interests of other building owners, it is not prohibited by laws and regulations.

The closure of the balcony by the owner has a certain impact on the overall beauty of the building and the community. However, when the overall beauty of buildings and residential areas conflicts with the owner's residential interests, the owner's residential interests based on exclusive ownership are higher and more important than the superficial interests such as the overall beauty of buildings and residential areas, and should be given priority protection.

Does the owner have the right to temporarily close the balcony, and does the property company prohibit the owner from closing the balcony privately, such as water supply and power failure, comply with relevant regulations?

First of all, there is no relevant clause in the property management regulations that the balcony cannot be closed, but the property company can manage it according to the temporary convention signed with the owner.

In order to realize the humanized management of the community, many property companies will discourage owners from sealing the balcony after discovering it. If dissuasion is ineffective, in order to avoid the intensification of contradictions, the property company that is not strong enough will acquiesce in the strong sealing behavior of the owners, and at the same time inform other owners that there should be a unified standard for balcony sealing; Strong property companies will take violent solutions such as forced demolition to owners with closed balconies, and the behavior of property companies is definitely inappropriate. Owners need to protect their rights and can only realize their demands through prosecution.

People's Republic of China (PRC) property right law

Article 36? If the immovable property or chattel is damaged, the obligee may request to repair, redo, replace or restore it to its original state.

Article 70 The owner shall have the ownership of the exclusive part of the building such as the business building, and the condominium of the * * * part other than the exclusive part.

Article 71 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building. The owner's exercise of rights shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.

Paragraph 1 of Article 72: The owner shall enjoy the rights and undertake the obligations for the part other than the exclusive part of the building; Never give up your rights or fulfill your obligations.