The requirements of the Civil Code 2021 on the closure of balconies

In 2021, the requirements of the Civil Code on balcony closure, in 2021, the requirements for balcony closure in the Civil Code are also very strict, so balcony closure is not allowed to change the original specific frame structure, so this balcony closure is also included in the Civil Code.

After breaking up, your boyfriend canceled your Douyin and blocked WeChat, then it means that he never wants to contact you anymore, everyone's personality and mentality are different, and some people are very ruthless once they break up.

The Civil Code has not yet been perfected, let alone formally implemented, even if it is preliminarily drafted, sealing the balcony is not considered illegal. If the dispute between the parties and others arises due to the balcony, the parties can resolve it through negotiation, and if the negotiation is invalid, the dispute falls under the jurisdiction of the people's court, and the parties may file a lawsuit with the people's court with jurisdiction to resolve the dispute.

1. The "General Principles of Civil Building Design" stipulates that protective railings shall be set up in the vacant places such as balconies, verandahs, indoor cloisters, inner patios, roofs and outdoor stairs, and shall comply with the following provisions:

1) The railing should be made of strong and durable materials and be able to withstand the horizontal load specified in the load specification;

2) When the height is less than 24 meters, the height of the railing should not be less than meters, and when the height of the air is more than 24 meters, the height of the railing should not be less than meters.

3) The railing should not be left empty within the height of the floor or roof;

4) The railings of residences, nurseries, kindergartens, primary and secondary schools and children's special activity places must be constructed to prevent children from climbing, and when vertical rods are used as railings, the net distance of the rods should not be greater than meters.

2. The property management said that it is strictly forbidden for the owner to remove the balcony fence, and the owner can strengthen the guardrail by himself, but he needs to report to the property management office.

Extended Information: Buyers generally sign the Provisional Owner's Deed when they take possession of their property. However, if the owners have doubts about the terms of the Provisional Owners' Convention, they may propose to amend or reformulate a new Convention after the establishment of the owners' meeting.

The balcony belongs to the exclusive part of the owner, and others have no right to interfere with the renovation of the balcony, even if the owner really violates the owner's temporary covenant and seals the balcony, the property still has no right to sue the owner.

If the owner closes the balcony without involving changes to the walls of the house, he can close the balcony himself. Because the Provisional Owners' Convention is a standard contract, the subject of the contract should belong to all the owners, and a violation of the Temporary Owners' Convention is a violation of the rights and interests of all owners. As a third party, the property management company has no right to sue the owner.

In addition, the Temporary Owners' Convention shall be valid until the establishment of a general meeting of owners in the community. Once the owners' committee is formed, it has the power to amend the provisions of the Interim Owners' Convention that it deems unreasonable. The owners' committee also has the right to decide to hire a new strata company and can also make new conventions.

If the owner closes the balcony and wants to make changes to the wall, it should be treated specifically. If the load-bearing requirements in the design of the house itself can not bear the closed balcony, the owner shall not close the balcony by himself, and if the owner closes the balcony by himself, the relevant administrative examination and approval of the relevant design unit and the construction administrative department are required.

China's relevant institutions (housing management departments) have not sealed some illegal building balconies since 2020, but after the issuance of the "Property Law" and the "Residential Management Regulations" promulgated by various provinces, municipalities and autonomous regions, and also in accordance with the corresponding provisions of the "Owners' Convention" of the community, since 2000, there have often been similar closures of illegal balconies.

The main reason for the closure of illegal balconies is that the balcony is an attribute of the appearance of residential buildings (especially high-rise buildings), and the "Property Law of the People's Republic of China", as well as the "Residential Management Regulations" and "Owners' Convention" promulgated by various provinces, municipalities and autonomous regions have the corresponding provisions of "not allowed to damage the appearance of the building". and ordered to dismantle.

If the owner uses a window made of fully tempered glass material to close the balcony, it will not damage the architectural appearance of the building, and it is impossible to close the balcony in violation of laws and regulations.