Is it illegal to place debris in the community corridor?

Put the shoe cabinet in front of the house, put strollers, children's scooters in the corridor, and various debris such as cardboard boxes, plastic boxes, plants such as cardboard boxes, plastic boxes, and plants ... In residential communities, this phenomenon is very common. Many people think, At the door of your home is your own area, there is nothing to put a bit of debris or garbage.

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actually not. The community corridor is a public fire passage. When disasters such as earthquakes and fires occur, the blocking of the corridor seriously affects the escape of others. After a long time of abandoned miscellaneous storage, it is easy to cause fire to cause fire. Therefore, stacking debris in public areas in the community not only infringes the owners' common rights, but also may violate fire laws and regulations, cause hidden fire hazards, and illegal acts!

Basic case

The neighbors of a high -rise community in Sun and Wang, because Wang placed shoe cabinets, cars, boxes and other debris at the door and the aisle public areas, Sun Mou repeatedly negotiated and complained to the property and related departments, but Wang still still made it. No debris such as shoe cabinets. In desperation, Sun had sued to the court and requested that Wang ordered Wang to clean up all the debris in the fire channel within a time limit, eliminate the hidden dangers of fire safety and exclude the obstacles to Sun's daily life.

Know the wrong handshake and

After understanding the case, the judge fully explained the laws and regulations to Wang, and made them clear the illegality of their behavior. In the end, Wang realized the interest relationship, saying that he had cleaned up the debris such as shoe cabinets, and signed a commitment in court. In the future, he will not stack various debris in public areas. Sun withdrew his prosecution to Wang, and the neighbors shook hands in court.

Post -judge language

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I. The ownership of the stairs channel belongs to all owners. All owners should use the internal channels of the residential house according to law to keep the aisle smooth and convenient to facilitate the neighborhood. It cannot be charged in the public areas. It cannot infringe the interests of other owners.

2. From the perspective of supervision, relevant administrative agencies should strengthen law enforcement and publicity, form a joint force with the community and community industry committees, and actively and seriously perform their duties. If residents of the community are stacked by the corridor, they must notify the property request to clean up the first time. They can also report to the local fire brigade, resolutely eliminate hidden safety hazards and protect their lives and property of others.

Third, in the long run, the environmental governance of the community channel needs to develop a civilized habit to form a civilized literacy. To make the Guardian Toward neatness, become a conscious behavior of everyone, and jointly guard the civilization and safety of the community.

Correlation

First of all, Article 271 of the "People's Republic of China" stipulates that the owner has the ownership of the exclusive parts of the residential and operating houses in the building, and the common part of the common part of the exclusive part has the common and common management parts. s right. Article 3 of the "Supreme People's Court on Try to Disposal of Buildings Differential Disputes on the Application of Laws" clarifies the common part of the public pass, including channels, stairs, lobbys, etc., and owners have the right to common and common management. Therefore, the channel outside the door of the house belongs to the common part, and the owners have the right to share and manage the part in principle. In principle, they should be used in accordance with the function of the channel itself, and they should be appropriately used within a reasonable limit.

Secondly, in accordance with the provisions of fire laws and regulations, no unit or individual may occupy, blocked, closed evacuation channels, safety exports, and fire truck channels; the evacuation channels and safety exports of high -rise civil buildings should be kept smooth. Set obstacles. The case involved in the high -rise building of the real estate department, placing debris on the channel in the building, does not meet the aforementioned fire safety specifications, and placed wooden shoe cabinets and other items, which will not only cause the passage of the passage to affect the passage, but also have a certain combustibleness. It will become an obstacle to escape and fire extinguishing rescue, and it is the hidden danger of the owner's life and property. If the stacked debris causes the losses of others, the stacking person shall bear the corresponding legal responsibility.

Third, Article 288 of the Civil Code stipulates that the neighboring right holders of real estate shall properly handle adjacent relationships in accordance with the principles of favorable production, convenience of life, unity and mutual assistance, and fairness. Article 286 stipulates that the owners' conference or the owner committee shall be arbitrarily discarding garbage, discharge pollutants or noise, violations of regulations, illegal construction, occupation channels, and refusal property fees to damage the legitimate rights and interests of others. In accordance with laws, regulations, and management rules, the request actors have stopped infringement, eliminating obstacles, eliminating dangers, restoring their original state, and compensation. Therefore, all owners should use the internal channels of the residential house according to law to maintain smooth aisle, facilitate the neighborhood pass, and ensure the safety of their lives and property of themselves and others.

Source: Qingdao Laoshan District Court, Shandong Gaofa

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