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1.Each region has different regulations on whether the house on the top floor is illegal, but the appearance of the top floor cannot be changed without authorization, and the function of the top floor cannot be affected, otherwise the completed house is illegal. If someone chooses to enclose the balcony, they need to get approval from the property department first, and they also need to consider safety and not affect other owners.
2.Also check whether the use of the patio is owned by the owner or by you personally. If it is owned by all the owners, it is illegal to build a terrace at a later stage.
3.belongs to the private one, without affecting the structure of the house.
In the case of the real estate department, the urban management department, and the construction department, it is not a violation.
If you want to seal off the terrace on the top floor, you can choose different materials, choose an anti-theft net, or make a sunroom out of glass.
can achieve results.
If you want to close the balcony, you have to make different window frames according to the size of the balcony, and you need to find a way to send them to the construction site.
Stay safe. <>
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How to get the top floor is not an illegal building, it depends on the specific situation.
If it is jointly owned by the owner, it is illegal to build a house regardless of whether it is built or not; If the rooftop terrace is privately owned by the owner, then it also depends on whether there is a clause in the relevant treaty prohibiting the construction of a sun room, and if there is a relevant clause, then the owner is not allowed to build it; If the rooftop terrace is privately owned by the owner and there is no relevant clause prohibiting the construction, then if the owner wants to build a sun room, it must also be built on the premise of not affecting the lighting and use of others.
Illegal construction mainly includes:
1) Buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects;
2) Unauthorized alteration of the construction project planning permit provisions of the completed building;
3) Buildings built without authorization that have changed the nature of use;
4) Buildings that have not been demolished to become permanent buildings after the expiration date of temporary construction.
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The roof can not be built without authorization, you must first apply to the city management department for the record, there is a signed consent document, can be built, and the location, area and height of the building must comply with the provisions of the document. If you do it according to the regulations, it is not considered an illegal building.
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If you want to add some buildings to the top floor, you must go to the Construction Bureau to provide the reasons why you want to add and what kind of materials, the height can never exceed 1m2, as long as it is approved, so it can no longer be regarded as an illegal building.
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1. How to get the top floor so that it is not illegal 1. For whether the house on the top floor is considered illegal or not, each region has different regulations, but it is not possible to change the appearance of the top floor without authorization, or affect the function of the top floor, otherwise the house built is illegal.
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The common area on the top floor belongs to the owner, and if it is built privately, it is illegal, of course, if you are renovating it within the scope of your own home, it is not an illegal building.
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The top floor is the common area of all the owners downstairs, how to build it is an illegal building, don't listen to the flickering of the sales department, they just want to sell the top floor**, so many promises can be sent.
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No matter how you build electricity, it is an illegal building, and if the developer or unintentionally, he does not ask for it, this is not allowed to be built without permission.
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How to get the old roof doesn't count, you can get it if you don't see it, it doesn't matter on the roof, it doesn't belong to illegal construction.
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First, how to get the top floor is not considered illegal.
1. If the top floor is shared by the owner, whether it is built or not, it is an illegal building, and the situation is as follows:
1) If the terrace on the top floor is privately owned by the owner, it depends on whether there is a clause prohibiting the construction of a sunroom in the relevant treaty, and if there is a relevant prohibition clause, then the owner is not allowed to build it;
2) If the rooftop terrace is privately owned by the owner and there is no relevant clause prohibiting the construction, then if the owner wants to build a sun room, it must be built on the premise of not affecting the lighting and use of others.
2. Legal basis: Article 272 of the Civil Code of the People's Republic of China.
The owner has the right to occupy, use, benefit from and dispose of the exclusive part of his building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
2. What is the standard for identifying illegal construction on the top floor?
The criteria for the identification of illegal construction on the top floor are as follows:
1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;
2. Buildings built without authorization to change the provisions of the construction project planning permit;
3. Buildings built without authorization that have changed the nature of use;
4. Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period;
5. Buildings built by forging relevant materials to obtain permits from competent authorities.
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First of all, it needs to be approved by the property department, and it also needs to be considered for safety, so as not to affect other owners. Also look at the right to use the terrace.
If it is not owned by the owner, it is still owned by you, and if it is owned by all the owners, it is also illegal for you to build a terrace later.
If your family is buying a penthouse, generally the developer may also give away a very large terrace, and the terrace space is relatively large, some people.
I just want to make some articles and make the most of them. For example, the terrace can be enclosed, so that the wind and rain will not affect the interior, and it can be increased.
The area of the interior. But we have to know that the building on the top floor cannot be built at will, otherwise it will be considered an illegal building.
How to make it not illegal construction?
1. How to get the top floor so that it is not illegal.
1. Each region has different regulations on whether the house on the top floor is considered illegal or not, but it is not possible to change the appearance of the top floor without authorization, or affect the work of the top floor.
Yes, otherwise the house built is illegal. And some people choose to seal the balcony.
First of all, it needs to be approved by the property department, and it also needs to be considered for safety.
sex, and must not affect other owners.
2. At the same time, it is also necessary to see whether the right to use the terrace is owned by the owner, or belongs to you personally, if it is owned by all the owners, you built the terrace later.
It is also an illegal construction.
3. If it is private, it should not affect the structure of the house.
And with the consent of the property department, urban management department, and construction department, it is not considered an illegal construction.
Second, how to seal the balcony on the top floor.
1. If you want to seal the terrace on the top floor, you can choose different materials, choose anti-theft nets or make a sun room with glass.
can achieve results.
2. Generally speaking, many people will choose plastic steel windows.
Or aluminum alloy, or the use of solid wood doors and windows to seal the balcony, and different materials bring different effects.
Shape. For example, if you choose a plastic steel window, its heat insulation and sound insulation effect are very good, but it is slightly more expensive.
3. If you want to seal the balcony, you must make different window frames according to the size of the terrace, and you also need to find a way to send it to the construction site. True.
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You can clean up the top floor and make it relatively beautiful, don't build some houses on it and raise some animals and flowers and plants are not illegal.
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You can do and green on the top floor, but you can't build some houses, otherwise it will be considered an illegal building.
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You can install a scaffolding on the roof of the building to plant a little flowers, fruits and vegetables. The rational use of space increases the sense of beauty, and you can also eat your own fresh vegetables without chemical additives, which is suitable for the elderly to take care of their time. The top floor can also be designed as a play area for children, and it can also give children a space to play independently.
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How to get the roof of the building so that it is not illegal? You can't build indiscriminately on the roof of the building, you are what you used to be, and now you are what you are, so it is not an illegal construction.
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How to get the roof is the only way to see the original roof to remain the same, which is not afraid of difficulties, if you build a shed or casually, then you are illegal.
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Legal analysis: 1. If the illegal construction is carried out on the top floor of the community, the building built is an illegal building, and the illegal building has not been approved by the relevant departments, and there are potential safety hazards.
2. If the owner refuses to demolish, then the relevant departments will arrange personnel to help with the demolition, and if the owner obstructs the staff from performing official duties, the owner will be given administrative punishment or criminal punishment according to the severity of the circumstances.
3. Illegal construction refers to the construction of new buildings, expansion and reconstruction in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or by using fraudulent means to obtain approval.
4. The top floor of the community belongs to the public area, because according to the regulations, the owner only has the ownership of the residential and business buildings in the building, and has the right to co-ownership and joint management of the common parts other than the exclusive part. Therefore, the top floor of the community belongs to the public area.
5. In the community, except for the owner's own house, if there is no special agreement in other places, it is considered to be shared by all owners. If the illegal construction is carried out on the top floor of the community, it is infringing on the legitimate interests of other owners in the community.
6. Illegal construction on the top floor of the community is an infringement of the interests of other owners, according to the relevant regulations, such as buildings and structures that have not obtained the "Construction Project Planning Permit" before the start of construction, are illegal buildings, and the local city and county people's ** urban and rural planning departments may order the owners to demolish within a time limit, and impose a fine of less than one time the cost of the temporary construction project.
7. If someone violates the building on the top floor of the community, you can find the local urban management department to handle the complaint. Under normal circumstances, the departments that can deal with illegal construction on the top floor of the community mainly include: urban management, housing management, construction, planning and other departments, but in real life, most of them are handled by the urban management department.
Legal basis: "Interpretation of Differentiated Ownership of Buildings" Article 4 Regarding the use of roof platforms by non-top owners, the following circumstances must be met at the same time:
1. Based on the reasonable needs of specific functions of the exclusive part such as residential and commercial buildings. For example, the installation of solar energy is necessary for daily life.
2. The free use of the roof and the external wall corresponding to its exclusive part shall not be used for profit. For example, a landlord cannot hang advertisements on the roof or walls for profit.
3. Do not violate laws, regulations and management regulations.
4. Do not harm the legitimate rights and interests of others.
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Legal analysis: when building a house, it is necessary to pay attention to the construction of the project, and to obtain the right to use the land, if there is no legal procedures for the construction of the project, the construction project is an illegal building, and the property is illegally constructed on the roof, the urban and rural planning department can order the builder to stop the construction activities, and order the demolition within a time limit, if it is not demolished, it will be demolished.
Legal basis: Urban and Rural Planning Law of the People's Republic of China
Article 64 Where a construction project planning permit has not been obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.
Article 66 If a construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the city or county where it is located shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project: (1) Temporary construction without approval; (2) Failure to carry out temporary construction in accordance with the approved content; (3) Temporary buildings or structures are not demolished beyond the approved time limit.
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Do the math how much it will cost you to renovate your home
When some owners buy penthouses, the developer promises that the owner can build them on the top floor; However, the owner is worried that building a house on the top floor is illegal and will be required to be demolished by the relevant departments; So is the construction of the top floor illegal? Next, I will briefly introduce it to you.
According to Qeeka Home experts, if the owner does not go through the approval of the relevant departments and builds buildings and structures on the roof of the community without authorization, it is an illegal construction. The top floor platform of the community generally belongs to all the owners, and the owners build it on the roof of the building without authorization to turn it into private territory, which violates the relevant provisions of the property law and infringes on the legitimate rights and interests of other owners of the building.
The roof platform of the high-rise community is generally an escape platform, and everyone builds and occupies the space on the roof without authorization, which also violates the relevant provisions of China's fire protection law. According to the provisions of the Fire Protection Law, no individual or unit shall occupy evacuation channels, safety exits, etc. In case of a fire in the community, and the roof space is occupied, it will affect everyone's escape and the rescue of firefighters.
There are also many potential safety hazards when we build structures on the roof of the community. For example, if you build structures on the roof of the building, the waterproofing of the roof may be damaged during the construction process; In addition, most of the structures on the roofs are not strong, and if there is a natural disaster such as high winds, the structure may fall, affecting people's safety.
If you find that there is an owner who has illegally built on the roof of the community, you can complain to the property of the community, to the urban comprehensive law enforcement department, to the local planning bureau, to call the mayor **** to complain, and so on. Under normal circumstances, the relevant departments will require the owner to demolish the illegal building by himself; If the owner refuses to demolish, compulsory demolition measures will be taken.
In addition, it is a violation of the relevant provisions of the Urban and Rural Planning Law to erect on the roof of the building without authorization, and according to the provisions of the Planning Law, it is necessary to apply to the local planning bureau for the construction of structures and other structures in the urban planning area.
Enter the area and get the decoration for free**].
Enter the area and get the decoration for free**].
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