How to manage owners' disorderly construction of property

Question 1: building without permission, property management is not responsible.

The owner's unauthorized construction is a violation of China's Urban and Rural Planning Law, which does not belong to the scope of housing management and should be handled by the local urban management law enforcement team. It is ok for the local urban management law enforcement team to dismantle it in time when it is illegal, but the illegal construction that has been built must be handled through administrative law enforcement procedures.

Housing management office is an administrative unit engaged in indoor illegal construction. Housing management office does not have the status of administrative legal person, and it must report to the premises bureau of the superior unit before administrative punishment can be imposed on illegal construction.

At present, China's administrative law enforcement procedures are very complicated, and there are many inaction phenomena in law enforcement departments, which leads to more and more illegal buildings and insufficient punishment. China's * * * management should be reformed.

Question 2: What department should be found to solve the problem of building a property in a residential area and putting pressure on the property collectively by the owners of the joint residential area?

Question 3: What laws are violated by the owners of residential areas to build privately? Article 76 of China's "Property Law (Draft)" stipulates that "the green space, roads and property management houses within the building division shall be owned by the owners, except those belonging to municipal construction". According to article 5 1 of the State Council's Property Management Regulations, owners and property management companies are not allowed to occupy or dig roads and sites in the property area without authorization, which harms the interests of owners. If it is really necessary for the owners to temporarily occupy or dig roads and sites for the maintenance of property or public interests, they shall obtain the consent of the owners' committee and the property management enterprise.

The regulations clearly stipulate that it is forbidden to damage or occupy or rebuild the * * * part of the property and the * * * facilities in the property management area without authorization. Therefore, the owner can't live privately. If you want to change, you must seek the consent of the relevant owners, and you must seal the industry Committee. After that, you can register with the industrial and commercial department.

Question 4: Does the property have the right to sue the owner for illegal construction? Yes

According to the Property Law and its judicial interpretation "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Property Service Disputes" (adopted at the1466th meeting of the the Supreme People's Court Judicial Committee on April 20th, 2009), Fa Shi [2009] No.8.

Article 4 The people's court shall support the owners who violate the realty service contract or laws, regulations and management conventions and conduct acts that hinder the realty service and management, and the realty service enterprise requests the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and removing the obstruction.

Unauthorized construction violates the Ministry of Construction [2002] 1 10 Administrative Measures for Interior Decoration of Residential Buildings, which is an illegal act and hinders the service and management of the property. You can sue the property according to this article.

Question 5: Individual owners in the residential area are building indiscriminately. No matter what the property does, the property has only the right to dissuade, not the right to enforce the law. Just do your job well, or call the urban management anonymously or call the construction Committee to report.

Question 6: How to deal with the property disputes of most owners building residential quarters at random on the roof can be handled by local urban construction law enforcement departments or exposed by local news media.

Question 7: It's wrong for neighbors to build properties indiscriminately and occupy public corridors in any case.

Property has the responsibility to maintain order.

If the property is not inspected regularly, it is not found that it has been lost. It is even more wrong not to persuade and stop the complaint in time.

Direct contact with the neighborhood is not good for us. Although occupation is wrong and even affects traffic or fire safety, we are a little mistaken for meddling.

There is an industry Committee, and the industry Committee also has the responsibility.

Either complain to the Property Office of the Housing Authority and let the competent department put pressure on the property company.

Or report it to the community office for handling.

I hope to give you a reference.

Question 8: What should the community owners do if they build indiscriminately? You can complain to the local street office or the Housing Authority (usually the Construction Bureau).

Question 9: As a property management company, how should we deal with incidents such as illegal construction by owners? Before the renovation, the owner should inform the property enterprise first, and the property enterprise should inform the owner of the prohibited behavior and matters needing attention in the house renovation. If there are illegal additions to the owners, the property enterprise shall stop them and report to the relevant 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.

Question 10: Does the owner have the right to object to the arbitrary construction of the property? Building a house must have legal qualifications and legal approval, and you can complain and report, or you can go to court.