How to solve the civil strife and disorderly construction in the community?

Liu is a resident on the first floor of a residential area, and all the residents on the first floor of the residential area have a patio of 10 square meter. In order to expand his living area, Liu removed the wall of the patio, moved it out by 5 square meters, closed the patio and transformed it into another room. The owners' committee found Liu many times and asked him to dismantle the illegal building, but Liu refused, so there was a dispute between the two sides. So, how does the law stipulate this?

The lawyer replied.

According to the provisions of the Property Law, the owners' assembly and the owners' committee have the right to ask the actors to stop the infringement, remove the danger, remove the obstruction and compensate the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building structures illegally, occupying passages illegally and refusing to pay property fees. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law. Therefore, in the case that Liu always refuses to dismantle illegal buildings, the above-mentioned owners' committee can completely sue the court to ask Liu to dismantle illegal buildings.

Legal link

People's Republic of China (PRC) property right law

Article 83 Owners shall abide by laws, regulations and management regulations.

For acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building illegally, occupying passages, refusing to pay property fees, the owners' assembly and the owners' committee have the right to ask the actors to stop the infringement, eliminate the danger, remove the obstacles and compensate the losses in accordance with laws, regulations and management regulations. Owners who infringe upon their legitimate rights and interests may bring a lawsuit to the people's court according to law.

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings.

Article 15 If an owner or other actor violates laws, regulations, relevant national mandatory standards and management regulations, or violates the decisions made by the owners' assembly or the owners' committee according to law and commits any of the following acts, it may be deemed as other "acts that harm the legitimate rights and interests of others" as stipulated in the second paragraph of Article 83 of the Property Law:

(1) Damaging the load-bearing structure of the building, damaging or illegally using electricity, gas and fire-fighting facilities, and placing dangerous and radioactive substances in the building, which endangers the safety of the building or hinders the normal use of the building;

(two) in violation of the provisions of the destruction or change of the shape and color of the building exterior wall, damage the appearance of the building;

(3) Renovating houses in violation of regulations;

(four) illegal construction, renovation, occupation, excavation of public passages, roads, venues or other * * * parts.