Is it illegal to partition and is it legal to partition in a house

Legal analysis: According to the provisions of China's law, the minimum area per person to rent shall not be less than the minimum area standard specified in **, and the bathroom and balcony cannot be partitioned, and if the partition is not in accordance with the law, it cannot be rented. However, if the partition is carried out under the conditions that comply with the law, it is not an illegal building, and the house can be partitioned, and such a partition can be rented out.

In the process of renting a house, as long as the behavior of both parties is in accordance with the provisions of the law and is a true expression of intent, the rental contract can be signed.

Legal basis: Article 143 of the Civil Code of the People's Republic of China Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 703 of the Civil Code of the People's Republic of China A lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 707 of the Civil Code of the People's Republic of China Where the lease term is more than six months, it shall be in written form. If the parties do not adopt written form and cannot determine the term of the lease, it shall be deemed to be an indefinite lease.

Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not be rented out under any of the following circumstances:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

Article 8 of the Administrative Measures for the Leasing of Commercial Housing shall take the original designed room as the minimum rental unit, and the per capita rental construction area shall not be lower than the minimum standard stipulated by the local people.

Kitchens, toilets, balconies and basement storage rooms may not be rented out for personnel to live in.

When building partitions, it is illegal to use solid bricks or do not meet fire protection standards, and it is illegal to rent out the house.

The Administrative Measures for the Leasing of Commercial Housing stipulate that if a residential house is rented, a bedroom or living room (hall) designed as a living space in accordance with the residential design specifications shall be used as a small rental unit, and it shall not be rented out after being separated and built. In accordance with the residential design specifications, it shall not be rented out for personnel to live in if it is a restaurant, kitchen, bathroom, balcony, hallway, corridor, storage room, basement, semi-basement and other non-residential space.

In addition, each city also stipulates the small area of rental housing for each person, such as Hangzhou, which stipulates that each person shall not be less than 4 square meters, that is, if the living room is less than 4 square meters, it is illegal to rent it with partitions.

Legal basis. Article 6 of the Administrative Measures for the Leasing of Commercial Housing shall not be rented out in any of the following circumstances: (1) It is an illegal construction; 2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction; 3) Changing the nature of the use of the house in violation of regulations; 4) Other circumstances where laws and regulations prohibit rental.

It is illegal for a homeowner or subtenant to rent out a basic room partition of the original design.

The lessor will be subject to administrative penalties.

The house should have natural windows and no dark rooms, the area of each room should be more than 10 square meters, the living area should not be small and 5 square meters, and each house should not exceed two people.

Legal analysis

1. If the landlord divides the house and rents it out, this behavior is definitely illegal.

It is an illegal building in itself.

Because according to the management measures for the leasing of commercial housing, when renting out a house, it should be rented out in one room, but it cannot be separated or built for rent, because it is not safe.

2. And the restaurant or kitchen in a suite, including the bathroom, the hallway, etc., cannot be inhabited, nor can it be rented to other people to live.

3. The illegal house itself cannot be rented, because some landlords may destroy the load-bearing structure of the house when renovating, such as the use of solid bricks when intervals, which itself increases the load of the house and will bring a series of potential safety hazards.

4. Some people will divide the living room into two or more rooms, and it is illegal to rent it out later. Once investigated, the illegal gains will be confiscated and a fine will be imposed, so you must not commit a crime against the wind.

Legal basis.

Measures for the Administration of Commodity Housing Leasing.

Article 6 Houses under any of the following circumstances shall not be rented: (1) Illegal construction; 2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction; 3) Changing the nature of the use of the house in violation of regulations; 4) Other circumstances where laws and regulations prohibit rental.

Article 21.

Violation of the provisions of Article 6 of these measures shall be governed by the municipality directly under the Central Government.

Municipal and county people's ** construction (real estate) departments ordered to make corrections within a time limit, and if there are no illegal gains, a fine of less than 5,000 yuan may be imposed; Where there are unlawful gains, a fine of between 1 and 3 times the amount of the unlawful gains may be imposed, but not more than 30,000 RMB.

Legal Analysis: Partition rooms are in violation. The partition house violates the provisions of the "Measures for the Administration of Commercial Housing Leasing".

Legal basis: Administrative Measures for the Leasing of Commercial Housing

Article 8 Where housing is rented, the original designed room shall be the minimum rental unit, and the per capita rental floor area shall not be lower than the minimum standard stipulated by the local people. Kitchens, toilets, balconies and basement storage rooms may not be rented out for personnel to live in.

Article 10 The tenant shall use the house reasonably in accordance with the lease purpose and use requirements agreed in the contract, and shall not alter the load-bearing structure of the house and dismantle or alter the indoor facilities without authorization, and shall not damage the legitimate rights and interests of other owners and users. If the tenant causes damage to the leased premises and facilities due to improper use or other reasons, the lessee shall be responsible for repairing or bearing the liability for compensation.

Summary. Dear, I'm glad to answer for you, partition rooms are illegal. It is illegal, but you can't use bricks, you can use light materials.

If you use bricks, it depends on how to partition and what material is used for partitioning. Whether there is a threat to the security of the building. It is illegal to partition a room.

According to the relevant regulations, the tenant shall not change the planning and design use of the leased house without authorization. The tenant shall use the premises reasonably in accordance with the lease purpose and use requirements agreed in the contract.

Dear, I'm glad to answer for you, partition rooms are illegal. It is illegal, but you can use bricks and light materials without touching the number of difficulties. If you use bricks, it depends on how to partition and what material is used for partitioning.

Whether there is a threat to the security of the building. It is illegal to partition a room. According to the relevant regulations, the tenant shall not change the planning and design use of the leased house without authorization.

The tenant shall use the premises reasonably in accordance with the lease purpose and use requirements agreed in the contract.

Violation of the law is an act that violates the current laws and regulations, and is a kind of illegal and unlawful behavior. Acts that violate the provisions of the law. It differs from an objectively unlawful act in that the perpetrator is subjectively at fault in committing the act, thus violating the social relations protected by the law.

Subjective fault refers to two subjective states: intentional or negligent. Depending on the nature of the violation, the offence can be classified as a criminal offence.

The second landlord converted the three-bedroom house into five single rooms with a separate bathroom, and I went to report it.

The second landlord has converted the three-bedroom house into a five-bedroom studio with a private bathroom, and you can go to the housing management department, the Lianli Fufu Housing Supervision Brigade, or file a lawsuit in the local court. The owner has the right to occupy, use, and dispose of the exclusive part of the building. The owner shall not endanger the building in exercising his rights.

It is not illegal, but bricks cannot be used, and light materials can be used. If you use bricks, it depends on how to partition and what material is used for partitioning. Whether there is a threat to the security of the building.

For example, with a brick wall partition, the position of the wall is not pressed against the beam, but on the floor slab, which leads to a change in the stress conditions of the floor slab, which will affect the structural safety of the building. Then of course it's illegal.

Also, if you divide the house and use it for group rent, that is also illegal.

As long as you do not change the structure of the house, there is no problem without affecting the structural safety of the building, and if you are renting, you must ask for the consent of the owner.

Legal basis] Article 8 of the Administrative Measures for the Leasing of Commercial Housing, where a residential house is rented, a bedroom or living room (hall) designed as a living space in accordance with the residential design specifications shall be used as a small rental unit, and it shall not be rented out after being separated and built. Where it is designed as a dining room, kitchen, bathroom, balcony, hallway, corridor, storage room, basement, semi-basement and other non-residential space in accordance with the residential design specifications, it must not be rented out for personnel to live in.

Legal Analysis: In principle, it is not legal. The act of renting out the original designed basic room partition by the homeowner or subtenant is an illegal act and the lessor will be subject to administrative penalties.

Rental housing shall be the smallest rental unit of the room originally planned and designed as a living space, and the internal structure of the house shall not be changed to divide and rent, and shall not be divided and rented out in disguised form by means such as beds.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.