The balcony is closed and self -reform is illegal construction?Part of the old reform in Beijing Xingtao Community attracted controversy

One of the buildings involved in Xingtao community in Daxing District, Beijing.

The four floors of the building involved in Xingtao Community, Daxing District, Beijing are on the top of the street.

On July 4th, Mr. Ye, who lived in Xingtao Community, Daxing District, Beijing, suddenly received a "Notice of Rights and Volunteers of Gaomi Store Street Office, Daxing District, Daxing District, Beijing", which mentioned that due to his related illegal construction due to his housing existence of related illegal construction The behavior is required to be investigated at the comprehensive administrative law enforcement team of Gaomi Store within two days. The overdue will be forced to demolish the illegal construction part in accordance with the law.

When Mr. Ye rushed to the office building of the comprehensive administrative law enforcement team of Gaomi store the next morning, he found that many owners of the same community also received the notice were also received. "I am surprised!" Mr. Ye said, "From the beginning of learning that the streets had to be rectified to the post notification, I did not see the relevant staff to communicate with me at home." And some owners reported it to the Chinese city. The reporter reported that the illegal brick -and -mixed structure building mentioned in the notification was mainly the top and side of the yard on the balcony and the yard on the first floor.

The design of the building design caused the owner to transform the balcony

Xingtao Community is located in the South Fifth Ring Road in Beijing. Data related data of Lianjia.com showed that the community was completed in 1998, including dop -type, foreign buildings and villas. Although it has been completed for more than 20 years, the Xingtao community has become a popular old community in Daxing District due to the improvement of construction, complete functions, and beautiful surrounding environment. In June 2022, the average housing price reached 5,1179 yuan per square meter.

In early July, a reporter from China City Daily went to Xingtao Community several times. Some residents said in an interview that there are many uncommon phenomena of owners in the community in the community. Some are settled on the balcony on the top of the foreign building, and some are stamped on the top of the villa. It is mainly a row of ocean buildings along the street.

"The balconies involved in our row are on the inside of the community, and they cannot be seen on the side of the street." Mr. Ye said that his family lived on the 4th floor, and the four residents of the 4th floors along the streets of the community were given one after another. The balcony was closed. "In order to make the residential building look more coordinated from the appearance, some owners repair the appearance of the wall after the reconstruction, and keep it as consistent with the other floors." Mr. Ye said.

In some of the owners involved, the reporter of China City Daily noticed that its balcony was transformed into a kitchen. "This move is helpless." Mr. Ye said that after 20 years ago, some owners including him purchased the 4th floor of the house, and found that there were no problems such as flue exhaust during decoration. After negotiation, the developer agreed that the owner would transform within the area of ​​the internal package and resolve the construction costs.

When a reporter from China City Daily inquire about a document called "A response to the kitchen flue problem for the house purchased" provided by an owner, it was learned that the houses involved were top -level special units, and their kitchen and below (1— 1— 3 floors) The kitchen is not correct up and down. The document also mentioned that from the perspective of design, the flue of the single -tier residential kitchen is not very reasonable. For the quality of houses, in addition to the performance of warranty, the operating costs of the house and the one -year property management costs are borne by the real estate company. The document landing unit is Beijing Xingtao Real Estate Development Co., Ltd..

"Even if it is not because of the design of the kitchen, it is common for residents in northern cities to be closed on the balcony." Ms. Mu, who also lives in Xingtao Community, is also puzzled by the current situation. "In Beijing, there have been spring in Beijing. The seasonal characteristics of catkins, rainstorms in summer, wind and sand in autumn, and heavy snow in winter. So in the earlier period, many residents here have transformed the balcony, or it cannot be used. And the relevant departments proposed that the basis for demolition is also after the reconstruction of the business owner's reconstruction. The "Beijing Urban and Rural Planning Regulations" released by many years, which gives everyone a feeling of 'lying guns'. "

Ms. Mu also said that before, there were also reporters involved in the relevant departments of the street. "After the staff arrives at home, I agree with the unreasonable design of the house and kitchen design. But after half a year, there are no specific solutions." She said, "If the streets are demolished by the illegal construction of the public part, we have no opinion. The transformation in the certificate area is an exclusive property right, so the law enforcement department should handle it as appropriate. "

The house involved was found to have not obtained the relevant license

From the perspective of Mr. Ye, Ms. Mu, etc., even if it really wants to remove the outer wall and top of the balcony, it is difficult to restore the overall function of the house, and it may even cause new problems. "Previously, some owners remained the balcony reconstruction in order to sell the house by themselves, which led to severe water leakage in the rainy season." Mr. Ye said, "If the relevant departments have a proper and comprehensive guarantee plan for residential houses after demolition and reform, we will actively cooperate with solving these historical problems. . But the entire process has not been investigated by the house, nor does it provide a public announcement of demolition. "

Regarding a series of questions raised by the owners involved, a staff member of the comprehensive administrative law enforcement team of Gaomi Store made a corresponding explanation: "The law enforcement process must meet relevant regulations. The notification of the rules and commitment ") determined the notice of posting the existence of illegal construction in the house involved, and then it would be implemented naturally when the publicity steps of the publication and demolition publicity." Construction planning permits and site selection opinions, planning conditions, or consent of the construction engineering design plan and other planning documents, their behavior violates the relevant provisions of Article 29 of the "Regulations on the Urban and Rural Planning of Beijing", which is illegal construction, and the above facts There are on -site photos, collaborative re -letters and other materials. China Urban News reporter inquired that Article 29 of the "Regulations on Urban and Rural Planning" mentioned: "The city implements a planning permit system in accordance with the law, and various construction land and construction projects shall meet urban and rural planning, obtain planning in accordance with the law, license."

In the relevant letters issued by the Beijing Municipal Rule Council Daxing Branch to the Gaomi Store Office of Beijing Daxing District, which are displayed above the above -mentioned staff, clearly indicate the relevant letters of the approval of the Gaomi Store Office of Daxing District, Beijing. It is May 18th (2022).

The staff member said that the illegal construction and governance work of the Own Owners of the Xingtao Community of the Gaomi Store Street has begun to carry out the requirements of some of the owners of Xingtao community. At that time, it mainly responded to the street requirements; Illegal construction building. "At that time, we carried out investigations in the household and made all the notifications. The residents who did not demolish historical illegal construction were frozen according to the actual situation." He said, "This year's old community has been transformed to the time node. Reform transformation. It should be a new look at the community. If there is still a violation of the construction part of the reconstruction, it will definitely not meet the overall requirements of the "Beautiful Community". "

According to the staff, the comprehensive administrative law enforcement team of Gaomi Store has received feedback and complaints on illegal construction by residents of community. The 2nd floor residents rest; in addition, the ceiling waterproof equipment also hinders the field of vision outside the window. This situation lasts for several years, which affects both lighting and hidden safety hazards. Residents require law enforcement teams to resolve as soon as possible.

The Huimin Project should not be cut off and forced to execute

China City Daily reporters sorted out the information and found that the focus of disputes on the dismantling part of Xingtao community balcony was concentrated in the "balcony renovation permissions", "the processing method of removal problems", and "process procedures for demolition of law enforcement teams".

The owners involved in the Xingtao community believe that the planning permit is to obtain the application of the construction unit and the construction unit. Individual owners do not occupy land and change the planning space, so they cannot apply for a planning permit. In addition, these self -built actions began around 2000, and the "Beijing Urban and Rural Planning Regulations" mentioned by the comprehensive administrative law enforcement team of Gaomi Store is a regulations issued in 2009, and there is a difference in time in time.

Ms. Mu said: "We understand and support the renovation of old houses in the community, but we hope to carry out on the premise of legitimate compliance and fairness. The field is learned in the near future. "

China City Daily reporters also learned during the interview that in addition to the Xingtao community, the illegal construction and rectification of the high -rice shop streets, as well as communities such as Jinhui Garden, Yuyuan Yili, two miles, etc., related disputes also exist.

Such cases have also attracted the attention of experts and scholars. Zhao Zhongjie, a professor at Beijing University of Architecture, talked about his views in an interview with the China Urban Daily reporter, saying that the transformation of the old community in Beijing was a benefit project implemented based on the National Office [2020] No. 23. "Implementation agencies should strictly follow the relevant national requirements and solicit opinions from the masses from bottom to top. Methods and dismantling in accordance with the law. If the owner has a balcony self -construction and other behaviors in the area of ​​his own real estate certificate, it should be handled in accordance with relevant laws and regulations. Carry out the work, you cannot cut it and forced demolition. "

■ China City News Reporter: Wang Nanwen Tu

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