What is the legal responsibility of self-demolition of load-bearing walls in Beijing residential buildings?

Dismantling the load-bearing wall should bear legal responsibility.

Soon after moving into the new house, I learned that the owner upstairs demolished his own load-bearing wall during the renovation and destroyed the waterproof layer during the renovation of the bathroom. I'm worried about the safety of my apartment. At the same time, I think the upstairs owners and property management companies have violated my rights and interests. Ask a lawyer to help me solve the problem.

A: In this case, the upstairs owner and the property management company * * * should bear civil liability for the following reasons:

1. Based on the adjacent relationship, the upstairs owner should bear the tort liability for the loss of the downstairs owner, because the upstairs owner not only demolished the load-bearing wall, but also destroyed the waterproof layer of the bathroom, which violated the relevant laws and regulations.

2. Based on the entrusted management relationship, the property management company should bear the responsibility of poor management. At present, whether it is "Property Management Convention" or "Entrusted Property Management Contract", there are related contents that the load-bearing wall and waterproof layer should not be removed. Property management companies should be responsible to all owners for collecting property fees from them. The property management company collects the deposit when the owner decorates, and checks whether there are any irregularities such as structural damage when the decoration is completed, and connives at the occurrence of such behaviors, which is actually an infringement on the downstairs owners.

3. On the other hand, removing the load-bearing wall and destroying the waterproof layer will also have a potential safety hazard to the building and have a potential impact on the living safety of all owners. According to Article 1 14 of the Criminal Law of People's Republic of China (PRC), "Whoever destroys houses, public buildings or other public or private property by other dangerous methods and endangers public safety, but has not caused serious consequences, shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years." That is to say, in this case, the upstairs owner may violate the criminal law, which constitutes the crime of endangering public safety by negligence in a dangerous way, and the relevant personnel of the property management company may also constitute the crime of * * *.