Who should be in charge of illegal construction and occupation of green space in residential quarters?

It is a common social problem that illegal buildings in residential quarters infringe on the public interests of residential quarters. For some owners to build illegal buildings without permission, the property management company or the owners whose rights have been infringed should take the initiative to protect their rights, and if necessary, they can bring a lawsuit to the people's court, demanding to stop the infringement, restore the original state and compensate for the losses. Generally speaking, illegal buildings have the following situations:

1. It is illegal to build a private sun room.

1 First of all, it should be clear whether the balcony used by the owner is the exclusive part of the owner or the public part of the community. According to the second paragraph of Article 2 of the Interpretation of Differentiated Ownership of Buildings, the balcony must meet the following conditions in order to become a part of the exclusive part: it conforms to the plan, that is, the plan approved by the planning administrative department. Physically belonging to a specific house. It is stipulated in the sales contract. In addition, the terrace should generally be recognized as the public part of the community, and no owner may build a building without permission.

Generally speaking, illegal construction is against nature.

Houses and facilities built in accordance with the provisions of the Land Administration Law, the Urban Planning Law and other relevant laws and regulations. Unauthorized use of the sun room not only destroys the original state of the roof and partition wall, changes the original design purpose, but also affects the overall landscape of the community and infringes on the interests of all owners. Therefore, illegal buildings should be removed immediately.

Second, expanding the balcony area without authorization needs to be restored to its original state.

1, according to

Article 4 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes stipulates that "the people's court shall support the owners who violate the property service contract or laws, regulations and management regulations and the property service enterprises request the owners to bear corresponding civil liabilities such as restitution, cessation of infringement and removal of obstacles".

2. The act of occupying green space to expand the balcony area is not only a breach of contract in violation of management regulations, but also an illegal act of building illegal buildings in violation of the Land Management Law, the Urban Planning Law and other relevant laws and regulations. In this case, the property management company has the right to file a lawsuit on behalf of all the owners, demanding that the owners who violate the law and breach the contract dismantle the illegal buildings themselves. This is not only the right but also the obligation of the property management company.

Third, the neighbors built it privately and demolished it.

1. The Property Law stipulates that neighboring parties to real estate should correctly handle neighboring relations in accordance with laws, regulations and social ethics, in the spirit of facilitating life, solidarity and mutual assistance, and fairness and reasonableness.

2. According to the provisions of Article 83 of the Property Law, the owner may bring a lawsuit to the people's court in accordance with the law for any act that infringes upon his lawful rights and interests, and the owner who has an adjacent relationship or interest may bring a lawsuit to the court on the grounds that it harms his safe living interests.

3. The illegal construction behavior obviously violates the provisions of the neighboring relations law and infringes on the interests of neighboring people. At this time, as interested neighboring owners, they have the right to appeal to the court and demand the immediate demolition of illegal buildings to eliminate the nuisance and potential harm.