Civil sentiment ｜ Does the owner have the right to block the balcony window?Expert interpretation: Can be sealed, but you cannot "seal"

Chuanguan News reporter Zhang Minghai

Recently, the netizen Mr. Wang, through the Sichuan Daily's full media, asked the Sichuan platform and the Minqing Hotline (028-86968696) to report that after getting a new house, he wanted to seal the window to the balcony, but the property did not agree. "Can my own balcony still not plan the layout by myself?" Mr. Wang questioned.

It is not just the community where Mr. Wang is in the district where the "balcony window" is troubled. Recently, many community owners have been asking for comments on Sichuan, and they have consulted the problem of balcony windows. So, can the owner be a balcony window? If you can, how should you block the window? The reporter interviewed.

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The owner is troublesome:

I want to seal the balcony safely for children, but the property does not agree that it will affect the beauty

The reporter contacted Mr. Wang to understand the situation. On May 21 this year, Mr. Wang received a new house in the west section of Ningbo Road, Chengdu. After getting a new house, he was ready to start the renovation and sealed the balcony window. "Our community balcony is quite large, with 1.5 meters wide and 6 meters long, but the height is only more than 1 meter, and there are hidden dangers for children. At the same time, there are more nearby construction sites. Come in. "Mr. Wang said.

Mr. Wang told reporters that there are not a few owners like him. They applied to the property together, saying that they could block the window under the "unified standard", but the property still rejected the "beauty of the facade".

Lawyer analysis:

The property has no right to prevent the owner from having a jurisprudence on the balcony window sealing court

So, does the owner have the right to seal the balcony window?

The reporter interviewed Lawyer Wang Bo, a Ling Linghe Law Firm in Sichuan. According to relevant laws and regulations, in general, "the owner has the right to seal the window to the balcony", taking the "Chengdu Greentown Chengguan Window Sealing Dispute" as an example, Chengdu Intermediate Court determined that the balcony belongs to the exclusive part, and the property is no right to prevent the owner from right to the right of the owner's right to right. The proprietary part of the balcony is sealed.

Why is the balcony a proper part? According to Wang Bo, according to the "Explanation of Several Issues of Laws on the Trial of Buildings Differential Disputes on Trial of Buildings" and the relevant provisions of the "Specifications for House Building Design", the balcony of the house should belong to the exclusive part of the building. Instead of the common part.

Wang Bo said that according to Article 272 of the Civil Code, "the owner's right to possess, use, return, and punishment for its own building exclusive parts", since it is a proprietary part, the owner has the right to carry out the right to conduct Window.

Expert interpretation:

Do not "chaos" the balcony window to follow these principles

What principles should the owner follow the windows and other parts of the house?

Wu Sanming, a member of the Drafting Group of the Sichuan Provincial Property Management Regulations and a property management expert of the Sichuan Provincial Housing and Construction Department. ) Under the agreed circumstances, according to Article 13 and 16 of the "Administrative Measures for the Interior Decoration and Decoration of Residential Interior Decoration" (Order No. 110 of the Ministry of Construction), first declare and register with the property service enterprise, and sign a residential interior decoration management management with the property service enterprise After the service protocol, do it.

· How to block the window, can you just seal the window of "personalized"?

In this regard, Wu Sanming believes that the owner should follow the requirements of the unified balcony packaging style and color of the community to block the window, which will not affect the overall effect of the facade and the quality of the community. It is greatly damaged, very unsightly, and will eventually affect the quality and house prices in the community. "

More importantly, safety issues.

"The owner has the right to seal the window, but it cannot be 'chaos to the window." Wang Bo said that although the "Civil Code" stipulates the rights of the owner to the exclusive part of the buildings such as the balcony, but the terms of the book (also known as but but also known as Book is a specific sentence pattern in the legal provisions. It is also a text that stipulates the stipulated, exceptions, restrictions, supplements or additional conditions stipulated in the previous article).) It also clearly states: " The owner's legitimate rights and interests ". In addition, the "Administrative Measures for Interior Residential Decoration and Decoration" also explicitly banned the "building, structure" and "changing the facade of the residential" without the approval of the local planning department.

"For example, when blocking the window, the behavior of directly killing the balcony wall and installing the floor -to -ceiling window is endangering the safety of the building. Said, such as a case of a closed balcony after the retrial of the Sichuan Provincial High People's Court, Chengdu RH Property Management Co., Ltd. claims Wang's property service contract dispute, the Provincial High Court maintains the judgment of the first instance court. The floor -to -ceiling windows installed on the balcony restore the original shape of the balcony.

So how can the netizen Mr. Wang and others claim their rights and interests? Wang Bo suggested that Mr. Wang can fully negotiate with the property and achieve an agreement. Without affecting security and the legitimate rights and interests of other owners, a unified style of balcony window seal. If the negotiation is not achieved, Mr. Wang can also sue the court through the legal channel to claim his rights and interests.

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