Is it illegal to build a balcony on a higher floor without permission?

It belongs to private construction, please see the following explanations and cases:

● First, the interpretation of laws and regulations

● The following behaviors are prohibited during the use of the property:

Damage to the load-bearing structure of the house, damage to the appearance of the house; Occupy or damage * * * parts of the house, * * * equipment or dismantle * * * equipment; Building buildings and structures in patios, courtyards, platforms, roofs, roads or other venues; Occupy green space and destroy greening; Set up stalls and bazaars in disorder; Dumping garbage and sundries; Posting, scribbling and portraying on buildings and structures; Discharge toxic and harmful substances or produce noise exceeding the prescribed standards; Other acts prohibited by laws and regulations.

● The house shall not change the nature of use.

If it is necessary to change the nature of use due to special circumstances, it shall conform to the requirements of urban planning, and the owner shall obtain the written consent of the adjacent owners, users and owners' committees, and report to the real estate management department for examination and approval.

Public buildings and public facilities built according to the plan in the property management area shall not change the nature of use.

● Second, the case: the case of illegally building a split-level balcony won: there was a problem with the balcony.

The fashionable Mr. Chen chose a split-level house, and Mr. Zhang is his neighbor. The north bedroom of Room 1607 purchased by Mr. Zhang is located in the living room upstairs of Room 1608 purchased by Mr. Chen, adjacent to the north bedroom of Room 1608.

In February last year, after Mr. Zhang moved in, he renovated the room 1607. Mr. Zhang removed the balcony railing of the north building upstairs, and installed an iron railing 70 cm away from the original balcony railing at the eaves gutter outside the inner balcony.

Mr. Chen is in a hurry. He thinks that Mr. Zhang changed the inner balcony into the outer balcony, so that he can directly peep into his north bedroom, which has affected his daily life. The two sides refused to give way to each other, so Mr. Chen sued the court and asked Mr. Zhang to dismantle the balcony fence installed in the drainage ditch on the north side of his bedroom.

During the trial, Mr. Zhang argued that because Mr. Chen installed the outdoor air conditioner at the gutter outside the balcony of his north bedroom, the gutter drain was blocked and the accumulated water could not be dredged. It is extremely unsafe to climb out of the railing in order to clean up the accumulated water in the drainage ditch. It is for the convenience of clearing the trench that the court thinks that the neighboring parties of real estate should correctly handle the interests of neighboring people. Mr. Zhang's behavior has an impact on the normal use of Mr. Chen's bedroom facing north, so Mr. Chen asked Mr. Zhang to remove the iron railing installed in the north eaves gutter of the disputed house, which is well founded.

Based on this, the court made a first-instance judgment: the defendant Mr. Zhang removed the iron railing installed outside the balcony of Room 1607 facing the north and restored it to its original state.