What is the relationship between installing fences and residential property?

The setting of protective fences in buildings shall not endanger the life and property safety of neighboring people.

It is very common to install fences in buildings. At present, there are no laws and regulations in China, that is, the law does not prohibit the installation of fences, which has become a means for low-rise owners to guard against theft.

For the provisions on whether or not to allow the installation of guardrails and installation restrictions, see departmental rules and local regulations: Provisions on the Administration of the Construction of Safety Precautionary Facilities for Urban Residents Article 3 The cities mentioned in these Provisions refer to cities and towns established by municipalities directly under the central government and the state according to the administrative system. The residential security facilities mentioned in these Provisions refer to the security doors, anti-theft locks, anti-kicking boards, protective walls, monitoring and alarm devices attached to residential buildings or residential areas, and the security duty room attached to residential buildings or residential areas. Article 4 The safety precautions for urban residential buildings must have such safety precautions as preventing prying, kicking, climbing, crossing and climbing. The above regulations are clear, and fences are allowed, but they must have the functions of preventing climbing, crossing and climbing. If the above conditions are not met, that is, climbing, crossing and climbing, it does not have the safety protection function and does not meet the requirements, so it should be corrected again.

Provisions of Tianjin Municipality on the Administration of Safe Use of Houses (implemented on July 1 2004) Article 9 When installing guardrails on windows and balconies of houses, owners and users of houses shall adopt the same colors and styles in the same residential area, on both sides of the same road section or in the same building in accordance with the relevant guardrail design and installation specifications. Guardrail installation units shall carry out guardrail installation and construction in accordance with the unified guardrail design and installation specifications, and the specific guardrail design and installation specifications shall be formulated separately by the Municipal Real Estate Administration.

Article 8 of the Regulations of Nanning Municipality on the Administration of Urban Appearance and Environmental Sanitation: The buildings, structures or facilities facing the street as stipulated by the urban people's government shall be painted, decorated and cleaned regularly according to the standards of urban appearance; Balcony and window shall not be stacked, hanging unsightly items; Where a safety net is set, the safety net shall not exceed the wall.

"Luoyang City Appearance Standard" Article 17 Anti-theft nets, balconies, outer corridors and windows (1) The anti-theft nets of balconies and windows of buildings on both sides of the road shall not exceed the balcony facade, and those that are not set as required shall be gradually transformed; The closed balconies and windows of buildings adjacent to the main road should be unified in material, color and style; The anti-theft net installed in new buildings shall be designed, installed and delivered by the construction unit at the same time; The anti-theft net should be maintained regularly, and it is not allowed to hang things or dry them on the anti-theft net.

The problem of anti-theft net has attracted the attention of relevant departments, and gradually unified to the understanding that it can not exceed the external wall.

In addition, although some local laws and regulations have not been formulated, some property companies stipulate in property contracts and owners' conventions that no safety fence should be installed on the external walls above the first floor, or no balcony should be sealed above the second floor, and no protective fence (outdoor or outside the window) should be installed. According to the "Property Management Regulations", the convention on owners of residential quarters is binding on all owners. Both the Property Management Service Contract and the Owners' Convention stipulate that "protective fences shall not be installed outdoors or outside the window". As the owner, he should perform and abide by the contract. If the guardrail is installed without authorization, it will affect the overall environment of the whole community and damage the interests of other owners, which is a breach of contract and can be removed according to the property service contract and the owners' convention.

Although there is no specific legal provision on anti-theft net in China at present, the neighboring right in the Property Law has brought it into the legal management level. Article 35 of China's Property Law stipulates that if the property right is damaged or may be damaged, the obligee may request to remove the obstruction or danger. Eighty-fourth adjacent owners of real estate should correctly handle the adjacent relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness. Article 91 A real estate owner may not dig a hole to borrow soil, build a building, lay pipelines or install equipment, which will endanger the safety of adjacent real estate. It is a common phenomenon for residents on the first and second floors to install anti-theft nets on the windows of the external walls of houses for their own personal and property safety. Although this practice is reasonable, because it can climb and cross, criminals can enter houses without security fences on the floors to commit crimes. Therefore, the behavior of installing safety fences at the windows of the outer walls of the residents at the bottom floor has essentially caused security risks to the houses of the residents at the top floor. Therefore, residents at the bottom should not install guardrails at the windows of external walls, especially windows beyond the wall plane, which should become a universal code of conduct to ensure the safety of upper-level houses and restrain residents at the bottom. That is to say, as a neighboring relationship, the residents at the lower level have the obligation not to set up facilities that pose potential danger to the residents at the upper level. If they are established, upper-class residents have the right to demand the elimination of danger. It should be noted that the installation of such facilities by the lower-level households does not infringe or hinder the upper-level households, but it brings potential dangers and may become the conditions for criminals to commit criminal acts. This potential danger is determined by the normal understanding of most people, not by the occurrence of criminal facts. Therefore, the fact that the crime has not happened does not prevent the upper-class residents from exercising their right to advocate the lower-class residents to eliminate the danger.

From the above discussion, it can be concluded that the setting of anti-theft net should be based on the premise of not causing danger to neighboring parties, otherwise, it will be regarded as infringement of neighboring rights.