Tan Bai of Guangzhou old neighbor is the closest very hesitate. The unit room that lived a few years changes a room, because downstair neighbour is decorated,dismantled main wall, he coordinates rehabilitate of the other side to won't do for many times, tell a court finally, result court sentenced him to be defeated!
Decorate downstairs tear open a wall for many times to talk things over without if really
"Dismantle main wall is a bit problem done not have? Can this house still live so that the heart installs? " mention this thing, tan Bai wants to be illogical really. Live in Guangzhou highway north the Tan Bai that some unit room changes a room, already emeritus and old, introduce according to him, live his downstair owner is in when the house was decorated last year in August, will a 2.2 Mikuan main wall tear open ark of an one wall between dining-room and kitchen, destroyed the building construction that is in place, the influence is safe; Dismantle the main wall of wall of join balcony window entirely again additionally, make receive a girth impending. After understanding this situation, tan Baili finds the other side to talk things over namely, express such doing to be no good, will cause building safety hidden trouble. But the other side firm those who say to tear open is not main wall, and be oneself only decorate inside house, did not affect other building condition, rejected his request consequently.
Because this building is unit room,change a room, jing Tanbai looks for place unit to complain at that time, unit management department makes processing inform, the wall that place of requirement house-owner repair dismantles, but the other side is without activity. Subsequently, he searchs again street do to be complained with canal of city of area of the Milky way, relevant section ever also sent a person to mediate processing to the spot, invalid also. Subsequently Tan Bai hit mayor hotline again 12345, person of relevant ministry school will see the spot think to did not hinder greatly, this matter is not had again if really and eventually.
Appraisal orgnaization says to tear open main wall to not have hinder greatly
For house safety, tan Bai is forced legal approach is solved. He will submit civil petition to court of people of division of the Milky way on September 8 last year, the wall body that request court adjudicates to downstair neighbour demolishs place recovers from an illness. Forensic immediately put on record, entrusted Guangdong to detect firm appraisal limited company comes to detect.
After the spot detected this year in January, appraisal company is made detect survey report, say downstair neighbour removed main wall really, but because tear open,the spot did not discover change main wall and cause be out of shape, the attaint phenomenon such as craze, "Tear open change main wall experience to cause local stress to distributing afresh, but bear the weight of to building whole structure power influence is finite, can use normally. " this year in March, ceiling of the kitchen in home of Tan uncle discovery appears new break, he finds appraisal company to reflect a condition again, appraisal company is received cast tear open send a person to check to the spot again, make conclusion: When interstitial first time detects, have, either floor craze or bear the weight of force is not worth be caused by.
First instance lawsuit loses a lawsuit, refuse to obey appeal again
This year on July 20, of company of forensic basis appraisal detect appraisal conclusion enters a judgement: Reject the litigant request of accuser, joinder is expended and appraisal cost all is lost 18100 yuan by accuser load.
For this lawsuit, the building code that Tan Bai inquired to many countries come on stage policy, the country that he shows to the reporter " residential interior decoration decorates administrative measure " and " aseismatic fortify management sets housing project " , relevant provision prohibits dismantling main wall, do sth without authorization is torn open is illegal behavior.
"Detect the company says, dismantling main wall is illegal behavior, they have no right to adjudicate, this also is not entrust appraisal item this, appraisal content had identification to building itself current situation merely, and the report that the court makes also does not say a single word the accused is torn open change main wall to whether break the law. Just maintain according to survey report after dismantling main wall, affect to the building can use normally not quite, appeal to with respect to what rejected me beg. Appeal to with respect to what rejected me beg..
Tan uncle insists to think, tear open changing main wall is to destroy housing construction and shock-proof structure, the influence is in those who build position to bear the weight of force, also be to encroach others rights and interests (main wall is the member with relevant mutual and common resident) , it is the big fear of building a project of vital and lasting importance, should accomplish to dismantling main wall so 0 patient.
Accordingly, tan Bai refuses to obey to the court decision of district court, decision appeal reachs Guangzhou city intermediate people court. He expresses, disobeyed building code to dismantle main wall, it is illegal behavior obviously, after still was being caused to owner safe hidden trouble, do not continue to denounce a view, be convinced really hard, live also not the heart is installed.
Professional popular science
Can be main wall torn open really?
To the issue that produces this with neighbour, what Tan Bai solves least of all is " main wall can be torn open actually. " the personage inside course of study expresses to the reporter, at present domestic building construction uses ferroconcrete structure mostly, because this building bearings place is understandable also it is " system " , this " system " by the building inside bearing the joining together such as column, wall shears force is formed, so, of the building bearing can be the structure moved after all?
"The design when wanting to decorate only actually arrives tear open change main wall, original to the building structure can produce an effect, the point of view that devises from the building, can saying the effect that is pair of buildings only is big small still, and influence degree needs to reach through complex calculation ability one quantifies a result " , ever hold post at Guangzhou an architect of some designing institute tells a reporter, when undertaking planning to design to the building, the parameter such as corresponding intensity can be designed a few higher as far as possible, affirmatory can value of susceptive increment pressure, the weight of the article such as the furniture inside the house after making sure resident is moved won't exceed a building bear approach range.
So, if the original structure inside the building is destroyed, so the building bearings level and the derogation that design value compares affirmative meeting to produce certain level, but how many does the degree of derogation have, need to decide through computation, "Inside the range that if the architectural after derogation bearings,ability still permits in the design, bear without what exceed building itself ability designs range, it is feasible actually " .
Nevertheless afore-mentioned architect also express, metope alludes to alter only in this survey report of Tan Bai whether does the position have ferroconcrete bridge to wait bearing place, did not allude the computation of corresponding parameter after original to the building structure undertakes altering, "If be without careful consideration, issue a result by experience only, that very difficult science gets judgement to tear open a wall to be affected to architectural can have how old " .
This architect expresses, according to the regulation, change building bearings the structure is the approval ability construction that needs to obtain relevant management department, "Can look for architectural to design an unit to have identification to altering formerly, undertake to transforming check is calculated, see parameter numerical value wait have a problem " .
The reporter consults legal clause is informed, basis " People's Republic of China builds a way " the 49th regulation, involve a construction main body and bearing the structure decorates a project fluctuantly, the design unit that builds an unit to ought to entrust original design unit to have corresponding aptitude requirement before construction puts forward to devise plan; Did not devise plan, do not get construction.
Basis " safety of Guangzhou town house administers a regulation " the 19th, need is torn open change building principal part to perhaps bearing building of structure, change uses a function to perhaps increase building load apparently, person of building safety responsibility ought to entrust original design unit in time or unit of building safety appraisal has building safety identification.
Lawyer argument
Applying for program branch to intervene is more efficient way
Cong Tanbai's lot looks, average person also cannot think of to dismantle main wall really is no problem. Many Guangzhou rooms change a room, as the need that old old heavy new clothes builds, may appear similar Tan Bai such dispute state. So, encounter this kind of situation, how should safeguard oneself legitimate rights and interests?
Wang Meizhou's lawyer represents office of Guangdong An Zhizhou's attorney, from the point of this case, owner submits civil petition to court of people of division of the Milky way, request court sentences place of chief commander of downstair course of study to tear open a wall to recover from an illness, and it is reasonable that cost of the litigant request that the court rejects accuser, joinder and appraisal cost all lose carried court decision 18100 yuan by accuser.
King lawyer expresses, the legal basis that this case court adjudicates is " matter right law " , the limits of issue of authority of applicable photograph adjacent, namely: Neighbour behavior affects his to use content power, owner has authority to ask to eliminate to hamper. But appraisal orgnaization is maintained " bear the weight of to building whole structure power influence is finite, can use normally " , that is to say, the behavior that neighbour removes main wall does not have those who hamper to its to accuser content counterpoises to use at present, so the court rejected litigant request, adjudicating itself do not have a problem, but also should see at the same time, adjudicate and did not maintain of the court removing main wall is lawful.
On the other hand, king lawyer emphasizes again, do sth without authorization demolishs main wall to perhaps defeat a wall to open the door, disobeyed in fact " residential interior decoration decorates administrative measure " the 6th the 1st the 2nd, the 39th is mixed " law of urban and rural program " the 64th regulation.
The basis builds a department " residential interior decoration decorates administrative measure " ([2002] the 110th order) the 6th the 1st concern the 2nd times " decorate a person to be engaged in residential interior decoration decorating an activity, without approval, must not... in blame open the door on the wall outside bearinging " regulation, according to this method the 39th is concerned " be in charge of sectional approval without town planning administration, the activity is decorated in residential interior decoration in... in blame open the door on the wall outside bearinging, of the window, be in charge of a branch by town planning administration according to " town planning law " the regulation that reachs relevant code is punished " regulation.
To this, king lawyer suggests to confront the owner of similar situation, when encountering neighbour do sth without authorization to demolish main wall to perhaps defeat a wall to open the door, the most efficient way is to the program the branch reflects a condition. The basis concerns a provision, agree without program branch, cannot be demolished at will or main wall breaks a wall to open the door, once program branch holds this action illegal, can combine a city to be in charge of a branch to undertake handling namely, instruct its restorable.
[reporter] Li Anjun Ge Zhenghan makes bud
[author] Li Anjun; Ge Zhenghan; Xu Lei
[origin] group of southern medium signing up for course of study is southern + client end
