The load-bearing wall of a 31 story residential building in Songbei District, Harbin was smashed, causing damage to the building and cracking of the walls. More than 200 households were evacuated urgently, resulting in losses of up to 160 million yuan. Illegal decoration activities may cause structural damage, economic losses, and even threaten personal safety. The article will introduce legal knowledge related to buildings and laws regulating illegal decoration.
Explored the legal rights and obligations of property owners towards the house. Owners own the property, including ownership of proprietary parts and joint ownership and management of common parts. The Civil Code stipulates that owners have the right to possess, use, benefit from, and dispose of exclusive parts, but the exercise of these rights shall not endanger the safety of the building or harm the rights and interests of other owners. For example, homeowners can decorate their own houses, but they cannot illegally demolish or modify load-bearing walls to avoid affecting the safety of neighbors.
Illegal decoration may involve criminal, civil, and administrative liabilities. In the case of privately demolishing load-bearing walls, the parties involved shall bear civil liabilities such as stopping the infringement, eliminating obstacles, eliminating dangers, and compensating for losses, including building repair costs and reasonable expenses for other residents. The behavior of the parties involved may constitute the crime of endangering public safety by dangerous means and face criminal punishment. In terms of administrative responsibility, according to the "Regulations on Quality Management of Construction Projects", decoration projects that change the main body and load-bearing structure of buildings without authorization will face fines. The Ministry of Housing and Urban Rural Development has issued a notice clarifying the responsibilities of all parties involved in decoration activities, including prohibiting behaviors that affect the building's main body and load-bearing structure. Design units and decoration enterprises that violate regulations will be punished, and property service enterprises or housing management agencies need to strengthen inspections and checks.
In June 2023, the private demolition of load-bearing walls in Harbin was resolved, and a repair plan was proposed by an expert group. A working group was established in Songbei District to ensure residents' livelihoods, and first-class enterprises were commissioned for construction. Attention should be paid to the psychological trauma of residents, popularizing knowledge of building laws, enhancing public morality, using buildings reasonably, and ensuring safety.
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