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Does the property have the right not to seal the balcony?
First, how to solve the problem that the property does not seal the balcony?
1, there are generally four solutions for the property not to seal the balcony. Details are as follows:
(1) shall be settled through friendly negotiation;
(2) settlement through various mediations;
(3) solve it through the police station;
(4) Take civil action to solve it.
2. Legal basis: Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes.
The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.
2. Is it illegal to open a balcony on the first floor?
It is illegal to open the balcony on the first floor without the consent of the property and relevant departments. Because opening the door on the balcony will inevitably change the appearance and structure of the house, which will not only affect the consistency of the appearance of commercial housing, but also threaten the safety of other owners of this unit. Therefore, without the consent of the property management company and the housing management department, the owner can't make any changes, even if the construction has been carried out, it must be restored to its original state. Unless you negotiate with the property, pay the purchase price and sign a contract, you need to apply for a new property certificate. Illegal construction mainly refers to the buildings and structures built without the approval of the competent department of land planning and the construction project planning permit or temporary construction project planning permit.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Regulations on Property Management
Article 2 The term "property management" as mentioned in these Regulations refers to the activities in which the owner selects a property service enterprise, and the owner and the property service enterprise carry out maintenance, conservation and management of the house, supporting facilities, equipment and related sites in accordance with the provisions of the property service contract, so as to maintain the environmental sanitation and related order in the property management area.
Article 35 A realty service enterprise shall provide corresponding services in accordance with the stipulations of the realty service contract.
The realty service enterprise fails to perform the realty service contract, causing personal and property safety damage to the owner, and shall bear corresponding legal responsibilities according to law.
Article 47 The rights and obligations of property users in property management activities shall be agreed by the owners and property users, but they shall not violate the relevant provisions of laws, regulations and management regulations.
If the property user violates the provisions of these regulations and the management agreement, the relevant owners shall bear joint and several liability.
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