Job Recruitment Website - Property management company - Does the property have the right to demolish illegal buildings?
Does the property have the right to demolish illegal buildings?
1. The property management company belongs to a for-profit enterprise legal person providing property services, and does not belong to the state judicial organs and administrative organs, nor does it belong to an administrative organization authorized by law;
2. According to the relevant laws and regulations, the civil enforcement power shall be exercised by the people's court according to law, and the administrative enforcement power shall be exercised by the administrative organ with administrative enforcement power or by the administrative organ or administrative organization without administrative enforcement power to apply to the people's court for exercise;
3. As a profit-making enterprise legal person, the property management company has no enforcement right. According to the relevant laws and regulations, the property management company shall perform the duties of stopping and reporting when it finds that the owner has violated the rules in decoration or construction:
(1) It should be stopped, not forcibly removed, but warned and discouraged, and the owner will remove it by himself and restore it to its original state;
(2) If the owners do not dismantle or restore to the original state by themselves, the property management company shall report to the relevant administrative departments, and the relevant administrative departments shall stop the illegal acts of the owners or deal with them according to law.
Legal basis: Article 45 of the Regulations on Property Management.
The realty service enterprise shall stop the violation of laws and regulations such as public security, environmental protection, property decoration and use in the realty management area, and report to the relevant administrative departments in a timely manner.
After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.
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