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First of all, building a sun room on the roof of one's own building is not necessarily an illegal construction. If you build a sun room on the top floor, you must first find out whether the area of the sun room is private to the owner, if it belongs to the property or other subjects, it is not allowed to be built, even if it belongs to an individual, you need to communicate with the property in advance.
Secondly, even if the area is privately owned, we cannot build it at will. Because most residential areas are four-family one-storey houses, if the sunroom is a fixed glass sunroom, it is very easy to be complained by neighbors, which not only affects the relationship between neighbors, but also may be ordered to stop work. If there is light pollution or noise in the glass sunroom, it is also a very troublesome thing.
The traditional fixed sunroom has a great risk of illegal construction, while the mobile sunroom is no longer within the assessment standard of illegal construction. Because the mobile sun room is a retractable and foldable open and closed house, it does not belong to a fixed building, which can avoid the risk of illegal construction to the greatest extent.
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When it comes to sun rooms, some people also call them glass houses, and many owners of the community love and hate. Especially the owners of the top floor, they all want to have a glass house built like this, raise flowers and drink tea, which is extremely comfortable. However, it has to be mentioned that there is a suspicion of "illegal construction" behind the sun room, and many places are particularly strict about the illegal construction of the sun room.
When the owner buys a house or decorates, he is afraid that it will be forcibly demolished because of the illegal construction. So are all sun rooms illegal? Lawyer Xiaoyun talked to the majority of owners on this issue today.
1. The small courtyard or garden sun room is not an illegal building.
The small courtyard mentioned here is worth the small courtyard of the farmhouse on the collective land, and it can be regarded as a relatively common kind of sun room. However, lawyer Xiaoyun reminds you that the sun room is not a separate property, and if your yard is about to be demolished, the sun room is not considered as an area.
The garden is generally brought by the first floor of a villa or bungalow, and the construction process refers to the process of building the villa sun room.
2. The terrace sun room is not necessarily an illegal building.
Terrace sunrooms mostly appear in high-end communities, property management is relatively strict, if you want to install a sunroom, you must obtain the consent of the property. According to the relevant provisions of the "Measures for the Administration of Residential Interior Decoration", the decorator shall declare and register with the property management enterprise or housing management agency (hereinafter referred to as the property management unit) before the commencement of the residential interior decoration project. If the property department replies that the terrace is a private area, then try to get the property department to issue relevant written documents to prevent some cities from demolishing the building as illegal when they carry out rectification.
We have encountered similar cases before, when the property made a verbal promise, the owner believed and built, and did not leave the corresponding evidence, but when it encountered the rectification of the street office, it was demolished in vain, and the property was ignored. This kind of dumb loss is better not to eat.
3. The sun room of the villa does not necessarily belong to the illegal construction.
Villas are generally divided into two types, detached and townhouse. Single-family villas, the property rights belong to themselves, and the installation of a sun room will not hinder others, so the relevant departments will not take the initiative to check, but they need to report to the property management. For townhouses, the consent of the property management company must be obtained.
According to the provisions of the "Property Management Regulations", the fire inspection or urban construction management department will conduct individual spot checks and surveys for this type of housing construction throughout the year, and if the property is completed, there is basically no risk. Of course, a written statement of the situation is a must.
4. Seal the balcony sun room.
Sealing the balcony to make a sun room is the most common in daily life, and almost every family will do it. Some owners do not pay attention to the details when installing, and it affects the use of the upstairs and downstairs balconies, and they will be complained or reported by other owners. In this case, it is more troublesome.
Once the property management company or the neighborhood office or urban management department receives such a report, it will conduct an investigation.
At the same time, the owner can consider collecting a certain decoration guarantee deposit before the owner's decoration, and make it clear that if the owner violates the decoration, it will be deemed to give up the part of the deposit.
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Whether the sun room is considered an illegal building depends on the construction in**. If the construction of the sun room is built in the public part, it is an illegal building, and vice versa. If it is built in a private part, it will not affect others and the cityscape.
The aristocratic choice, the sunny garden in winter, is suitable for the space layout of the study and tea room. A pot of West Lake Longjing in your spare time, and a dinner with friends when you are busy, all the good memories are treasured here. The "Roman column" originated from ancient Greece, which is the embodiment of harmony, perfection and sublimity, and is perfectly integrated with the sunroom, inheriting the European refinement of ancient architecture.
Jewel sunroom (with Roman columns) Product features:
1.Upgraded in European style, inheriting ancient Roman design elements, noble and luxurious.
2.It has superior thermal insulation, sound insulation, water resistance and UV protection.
If you want to know more about the sun room, it is recommended to consult the Zunshang doors and windows. Founded in 2004, Zunshang Doors and Windows is a large and medium-sized aluminum alloy door and window enterprise integrating R&D, production, sales and service. Since its establishment nearly 20 years ago, the company has been focusing on the R&D and production of high-end products such as aluminum alloy system doors and windows, sun rooms, etc., with 700+ brand stores in the country, and its products are exported to more than 30 provinces, autonomous regions, municipalities directly under the central government and Southeast Asia.
The products are mainly used in high-end home decoration, villas, clubs, office buildings and other places.
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It is not necessarily an illegal building, if it has gone through the relevant planning procedures, the sun room under its approval is not an illegal construction, on the contrary, it is an illegal construction. Illegal construction refers to buildings and structures built without the approval of the competent department of planning and land, without obtaining a planning permit for construction projects or a planning permit for temporary construction projects.
Articles 32, 40 and 41 of the Urban Planning Law of the People's Republic of China.
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In the city, it is considered illegal, but in the countryside, you can build as you want, <>
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This should be judged according to the actual situation, if the sun room is built in the public domain, it is an illegal building, if it is in a private area, and does not interfere with the daily life of the rest of the people, it is not counted, the private area is a place that can be used alone, such as the villa's parking space, balcony, etc. are private areas, and the owner has the right to dispose of them. ”
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First of all, it's hard to talk about it legally. Illegal construction generally refers to the change of temporary to permanent or open to closed, as well as affecting the appearance of the city, affecting urban planning, etc.
However, at present, there is no relevant law to define the nature of the sun room, and the sun room is said to be an illegal building, and it is not an illegal building, but an illegal construction, which belongs to the urban management management.
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1. Is the sun room considered illegal?
1. Whether the sun room is illegal construction needs to be decided according to the specific situation
1) If it is jointly owned by the owner, it is illegal to build a house regardless of whether it is built or not;
2) If the 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.
2. Legal basis: Article 278 of the Civil Code of the People's Republic of China.
The following matters are jointly decided by the owners:
1) Formulate and revise the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises or other managers;
5) Use funds for the maintenance of buildings and their ancillary facilities;
6) Raising funds for the maintenance of buildings and their ancillary facilities;
7) Reconstruction and reconstruction of buildings and their ancillary facilities;
8) Changing the use of the common part or using the common part to engage in business activities;
9) Other major matters related to co-ownership and co-management rights.
2. What department to complain about illegal buildings?
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Whether the sun room is considered illegal construction needs to be decided according to the specific situation: 1. If it is jointly owned by the owner, it is illegal to build a house regardless of whether it is built; 2) If the 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.
1. Is the sun room considered illegal?
1. Whether the sun room is illegal construction needs to be decided according to the specific situation
1) If it is jointly owned by the owner, it is illegal to build a house regardless of whether it is built or not;
2) If the 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.
2. Legal basis: Article 278 of the Civil Code of the People's Republic of China.
The following matters are jointly decided by the owners:
1) Formulate and revise the rules of procedure of the general meeting of owners;
2) Formulating and revising management regulations;
3) To elect the owners' committee or replace the members of the owners' committee;
4) Selecting and dismissing property service enterprises or other managers;
5) Use funds for the maintenance of buildings and their ancillary facilities;
6) Raising funds for the maintenance of buildings and their ancillary facilities;
7) Reconstruction and reconstruction of buildings and their ancillary facilities;
8) Changing the use of the common part or using the common part to engage in business activities;
9) Other major matters related to co-ownership and co-management rights.
2. What department to complain about illegal buildings?
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Good afternoon, building a sun room in a public area is an illegal building, and building sunlight in a private area is not an illegal building. The parties may request the property to stop it and issue a rectification notice; It can be reported to the relevant administrative departments and reported to the urban and rural planning departments, and the urban and rural planning departments shall order the demolition, and the owners may file a lawsuit if they refuse to perform. Legal basis:
Article 45 of the Property Management Regulations shall be stopped by property management enterprises in violation of the relevant laws and regulations on public security, environmental protection, property decoration and use, etc., and shall be reported to the relevant administrative departments in a timely manner. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law. Article 50 of the "Property Management Regulations" owners and property service enterprises shall not occupy or excavate roads and sites within the management area of the hosiery industry without authorization, harming the common interests of the owners.
If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee. Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.
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The owner of the house needs to hold the relevant real estate title certificate for the sunroom area, so that the sunroom is not considered a non-compliant building.
The owner of the house needs to hold the relevant real estate certificate certificate in the sunroom area, proving that the property belongs to him, and he has the right to rebuild and repair, and the urban management will not have the right to demolish the sunroom.
According to the relevant provisions of China's construction, in the city, township planning area for the construction of buildings, structures and other projects, the construction unit or individual should apply to the urban and rural planning department for a construction project planning permit, if the owner can not issue a construction project permit issued by the planning bureau, it is an illegal construction, urban management has the right to demolish the illegal sun room.
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Dear, hello, I am happy to serve you The sun room is not illegal. In this regard, the sunroom is not a building. Illegal construction refers to buildings built 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 using fraudulent means to obtain approval and previously building a new construction, expansion or renovation on an occupied area.
If it is said that it is a new building, then the garden and balcony of your own home belong to you, and you can prove it with a real estate certificate, and it does not belong to the illegal construction of a sun room. Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 64 If the construction project planning permit has not been obtained, or the construction project is not in accordance with the construction project planning permit, the competent urban and rural departments at or above the county level shall order the construction to be stopped, and corrective measures can still be taken to eliminate the impact, which can be corrected within a time limit, and a fine of more than 5% and 10% of the project cost shall be imposed.
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