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Provisions for installing awning on the first floor
Based on the characteristics of the canopy, it is difficult to identify it as an illegal building because it has no position with the ground and does not have the conditions for residents to live. Under normal circumstances, the relevant departments will not directly identify the canopy as an illegal building. However, the canopy on the first floor is likely to affect the lighting of the second floor or other households, or the noise caused by the sound of raindrops hitting the canopy will affect other owners. This situation is likely to be complained by other owners, causing neighboring rights problems, and the property will also contact the residents on the first floor to let them dismantle the canopy.
Therefore, when building a canopy, we must first communicate clearly with the developer and the property, whether we can build a canopy, if so, the suggested canopy materials and whether we need the permission of the relevant planning department, and then build a canopy on the basis of meeting all the above handling conditions. Communicate with neighbors again, because the outer wall of the building belongs to all residents and is a public area, and the installation of awning on the outer wall needs the consent of neighboring residents. Moreover, the installed stainless steel canopy may fall off after a long time, which may pose a safety hazard, and the noise caused by rain hitting the canopy may also affect the upstairs residents.
Of course, the design of the canopy should comply with the relevant design specifications and the bearing capacity should also meet the design requirements to prevent dangerous accidents due to the lack of design parameters. Even if the canopy is built and a notice of illegal construction is issued, it does not mean that the canopy can be forcibly removed at will. If you encounter the problem of neighboring rights, because the amount involved in the canopy may not be very high, it is recommended to negotiate with residents such as the property to solve the related problems.
Of course, the identification of illegal construction requires the urban and rural planning department to issue a clear notice of illegal construction and sufficient evidence of illegal construction as the basis for investigation. So don't panic when you receive the appraisal of illegal construction. You can first consult a professional demolition lawyer on the facts to judge whether the other party has substantive violations and procedural violations, which will help to revoke the identification of illegal construction.
Legal basis:
Article 6 of the Measures for the Administration of Residential Interior Decoration stipulates that
Decoration people engaged in residential interior decoration activities, without approval, shall not have the following acts:
(1) Building buildings and structures;
(two) to change the facade of the house and open the doors and windows on the non-load-bearing external wall;
(3) Dismantling heating pipelines and facilities;
(four) the demolition of gas pipelines and facilities.
Article 39 of the Measures for the Administration of Residential Interior Decoration stipulates that
Without the approval of the competent department of city planning administration, building buildings and structures in the interior decoration activities of residential buildings, or changing the facade of residential buildings without authorization, and opening doors and windows on non-load-bearing external walls, shall be punished by the competent department of city planning administration in accordance with the provisions of the city planning law and relevant laws and regulations.
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