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Is the owner responsible for the illegal construction of the property?

Legal analysis

If the owner's illegal construction damages the legitimate rights and interests of other owners, the injured party may require him to dismantle the illegal construction and compensate for the losses. Property companies can also require owners to dismantle illegal buildings. Of course, from the perspective of legal rights, this right is based on the authorization of the owners' Committee. The responsibility of the property company itself is to exercise property management rights based on the property service agreement. If the owner refuses to demolish the illegal building, the owners' committee may bring a civil lawsuit. Owners who believe that their rights and interests have been infringed but are unwilling to file a civil lawsuit can also take other ways to provide independent relief: first, report to the administrative department; According to the relevant laws and regulations, if buildings and structures are illegally erected, the district and county real estate management departments shall order them to be demolished; The second way is to report to the community owners' committee, which will dissuade and stop it, and if necessary, the owners' committee will file a civil lawsuit.

legal ground

"Property Management Regulations" Fiftieth owners and property service enterprises shall not occupy or dig roads and sites within the property management area without authorization, which will harm the interests of owners. Because of the maintenance of property or public interests, the owners really need to temporarily occupy or dig roads and sites, and shall obtain the consent of the owners' committee and the realty service enterprise; If it is really necessary for a realty service enterprise to temporarily occupy or dig roads and sites, it shall obtain the consent of the owners' committee. Owners and property service enterprises shall restore the roads and sites temporarily occupied and excavated to their original state within the agreed time limit.