The bedroom is changed to a bathroom?The court's order: change back to the original!

Yangcheng Evening News reporter Wang Lei and correspondent Liu Weile report: The owner has the right to enjoy his house, but does the owner mean that the owner can change the layout of the house at will according to his needs? Recently, Yao, an owner of a community in Dongguan, was sued by the neighbors downstairs to the neighbors downstairs to the Dongcheng People's Court (hereinafter referred to as the "Dongcheng Court") because of transforming the bedroom into a bathroom. After the trial, the Dongcheng Court ruled that the defendant Yao was demolished by the bathroom transformed from the bedroom.

Disputes in the bedroom reconstruction of the bathroom

The plaintiff He Mou, Sun Mou and the defendant Yao's house was a upper and lower relationship. When the house was decorated, the toilet of the master bedroom was transformed into a study, and the bedroom adjacent to the master bedroom to the bathroom of the master bedroom was transformed into a cloakroom and bathroom. The neighbors Hemou and Sun had raised objections many times, but the negotiations between the two parties were fruitless. He Mou and Sun had a complaint to the court and asked Yao to demolish the toilet and pay the mental loss fee.

He Mou and Sun advocated that the noise generated by transforming the water in the bathroom seriously affected its normal rest. The two also believed that the bathroom was not auspicious above their bedrooms, and they were worried that the bathroom would leak. Great psychological pressure. The defendant Yao argued that he had the right to enjoy the house, and transformed the bedroom into a toilet department reasonably arranged private houses according to the needs of life. The construction and completion of the project were reported as required. It was very in place and had never occurred and leaked in water. The plaintiff complained that it was purely unreasonable.

The court considers the damage to the plaintiff's rights and interests

In order to understand the actual situation of the case, Lin Yongxiong, a judge of the Dongcheng Court, conducted a field visit investigation and found that the defendant did have a renovation behavior, and when the environment was relatively quiet, he could clearly hear the sound of the toilet flowing to the toilet of the toilet rebuilt in the plaintiff's bedroom.

Lin Yongxiong believes that although the decoration of the house is the right of the owner, it cannot pass the reasonable and reasonable limit. At the same time, it should actively prevent and avoid adverse effects on the neighboring and other side. The house of the original and the defendant's house is adjacent to the upper and lower houses. The two parties should handle adjacent relations in accordance with the principles of convenient life, unity and mutual assistance, and fairness and reasonableness. The defendant transformed the bedroom into a bathroom, which not only violated the relevant provisions of the "Specifications for House Design", "Administrative Measures for House Interior Decoration Decoration" and "Regulations on the Management of Property Management of Guangdong Province", but also affects the rest of the lower -level residents. , Reduce the quality of life and happiness of the lower residents. According to the "Explanation of the Supreme People's Court on the Specific Applied Laws of the Disputes of the Building Differential Ownership", Article 15 (3) (3), the defendant's infringement of the legitimate rights and interests of the plaintiff's legitimate rights and interests of the defendant's transformation of the bedroom should be damaged. Take the corresponding civil liability. Therefore, the defendant Yao was ordered to demolish the bathroom transformed from the bedroom and rejected the plaintiff's request to apply for mental loss.

Later Yao did not accept the appeal, but the second instance of the Dongguan Intermediate People's Court maintained the original sentence.

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