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1. Construction Law of the People's Republic of China.
Article 70 In violation of the provisions of this Law, the decoration project involving the change of the main body of the building or the load-bearing structure shall be constructed without authorization, and shall be ordered to make corrections.
imposition of fines; if the loss is caused, it shall be liable for compensation; where a crime is constituted, criminal responsibility is pursued in accordance with law.
2. Measures for the Administration of Residential Interior Decoration and Decoration.
Decree No. 110 of the Ministry of Construction of the People's Republic of China, Article 2 Engaged in residential interior decoration activities in the city, the implementation of supervision and management of residential interior decoration activities, shall comply with these measures.
Third, the General Office of the General Office on further rectification and standardization of the order of the construction market notice: the construction administrative departments to strengthen the construction decoration and decoration, especially the quality of residential decoration and decoration projects to supervise, focusing on the supervision of the decoration and decoration projects in accordance with the law to change the main body of the building and load-bearing structure.
Fourth, the People's Republic of China (No. 279) "Regulations on the Quality Management of Construction Projects".
Article 69 Whoever violates the provisions of these Regulations by carrying out a renovation project involving changes in the main body of the building or the load-bearing structure, and constructs it without a design plan, shall be ordered to make corrections and shall be fined not less than 500,000 yuan but not more than 1,000,000 yuan; If the user of the building changes the main body and load-bearing structure of the building without authorization during the decoration process, he shall be ordered to make corrections and shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
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There are legal provisions. The warranty period is not less than two years.
The Ministry of Construction of the People's Republic of China Order No. 110 "Measures for Quality Warranty of Housing Construction Projects" has the following provisions:
Article 2: In the territory of the People's Republic of China, the quality warranty of all kinds of housing construction projects (including decoration projects) shall be subject to these measures.
Article 7: Under normal use, the minimum warranty period for housing construction works is:
A foundation and main structure engineering, for the design documents specified in the reasonable service life of the project;
Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;
3. Heating and cooling system, for 2 heating periods and cooling periods;
4. 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment;
5. The renovation project is 2 years.
The warranty period for other items shall be agreed between the construction unit and the construction unit.
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The legal provisions for decoration disturbance are:
1. If the environmental noise pollution prevention and control facilities that need to be constructed in the construction project are not completed or do not meet the requirements stipulated by the state, and are put into production or use without authorization, the competent department of ecology and environment at or above the county level shall order them to make corrections within a time limit and impose fines on units and individuals;
2. If it causes major environmental pollution or ecological damage, it shall be ordered to stop the production or use, or it shall be reported to the people with the right to approve for approval, and the order shall be closed;
3. In the residential buildings that have been completed and put into use, the interior decoration, furniture production and outdoor repair, etc., shall not be carried out from 12 o'clock to 14 o'clock and from 19 o'clock to 7 o'clock the next day;
4. If the operation is carried out at other times, effective measures shall be taken to avoid or reduce the environmental noise pollution caused to the surrounding residents.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 47.
Interior decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to the surrounding residents.
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Including, the Chinese people have replied to the Construction Law of the People's Republic of China, the Gao Hui Law of the Residential Interior Decoration Management Office, and the notice of further rectification of the relationship between the office and the socks hall and the standardization of the order of the construction market.
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If the owner decorates and decorates the house, he shall inform the property management service provider in advance, abide by the reasonable precautions prompted by the property management service provider, and cooperate with the necessary on-site inspection as soon as possible. Where the owner transfers or leases the exclusive part of the property, establishes the right of residence, or changes the use of the common part in accordance with law, the property management service provider shall be promptly informed of the relevant circumstances.
Legal analysis
There are types of legal liability, such as civil liability, administrative liability, and criminal liability, and civil liability refers to the civil legal consequences that civil subjects should bear in civil activities due to the implementation of civil violations or special provisions based on law. As a kind of civil liability, liability for breach of contract is different from other legal liabilities in terms of purpose, constitutive elements, and form of liability. If the owner does not inform the property of the renovation, he will bear the corresponding civil liability after the adverse consequences.
The relevant laws stipulate that the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, fairness and reasonableness. If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise of the seepage in advance. Property service Lu Shouzhou enterprises shall inform the owners of the prohibited behaviors and precautions in the decoration of the house.
The property center has the right to be responsible for the approval of the façade decoration application, the approval and follow-up, the approval of the general decoration plan, the handling of specific decoration procedures, the supervision of the decoration site, and organize the relevant departments to control all aspects of the decoration process.
Legal basis
Article 945 of the Civil Code of the People's Republic of China: Where an owner decorates or decorates a house, he or she shall inform the property management service provider in advance, abide by the reasonable precautions prompted by the property management service provider, and cooperate with the property management service provider to conduct necessary on-site inspections. Where the owner transfers or leases the exclusive part of the property, establishes the right of residence, or changes the use of the common part in accordance with law, the property management service provider shall be promptly informed of the relevant circumstances.
Property Management Regulations" Article 52 If the owner needs to decorate and decorate the house, he shall inform the property management service enterprise in advance. Property management service enterprises shall inform the owners of the prohibited acts and precautions in the decoration and decoration of the house.
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Laws and regulations on shop decoration: In terms of decoration, the legislative department and the construction administrative department have issued a series of laws, regulations, rules and normative documents. In violation of the regulations, if the decoration project involves the change of the main body of the building or the load-bearing structure, and the construction is carried out without a design plan, it shall be ordered to make corrections and a fine of not less than 500,000 yuan but not more than 1 million yuan shall be imposed; If the user of the building changes the main body and load-bearing structure of the building without authorization during the decoration process, he shall be ordered to make corrections and shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
The main responsibilities of the construction administrative department are as follows:
1. Statistics, summary and analysis of urban and rural construction; Responsible for supervising and inspecting the implementation of construction projects and important work assigned by the municipal people;
2. Responsibility for the supervision and management of urban and rural construction, formulating and recommending the use of construction project survey and design contract text;
3. Manage project construction standards and project costs, review and verify construction project survey and design contracts, supervise contract performance, mediate contract disputes, and investigate and punish illegal acts in accordance with the law;
4. Undertake the responsibility of promoting the reform of the housing system, ensuring the low income of urban households and households, and the supervision and management of urban landscaping and municipal projects;
5. Responsible for the management of the residential and real estate industry and the industry management of municipal public utilities.
Legal basis] Construction Law of the People's Republic of China
Article 7 Before the start of the construction project, the construction unit shall, in accordance with the relevant provisions of the State, apply to the people's construction administrative department at or above the county level where the project is located to obtain a construction permit; However, the exception is for minor works below the limit determined by the construction administrative department.
Construction projects that approve the commencement report in accordance with the authority and procedures specified in the *** will no longer receive a construction permit.
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1. Notice of the General Office of the People's Republic of China on Further Rectifying and Regulating the Order of the Construction Market (Guo Ban Fa [2001] No. 81.
The construction administrative departments should strengthen the supervision of the quality of building decoration and decoration, especially residential decoration projects, focusing on supervising the unauthorized change of the main body of housing construction and load-bearing structure in the decoration and decoration projects in accordance with the law; For changes involving the main body of the building and the load-bearing structure, the original design unit or the design unit with the corresponding qualification level must be entrusted to propose a design plan before construction. ......Units and persons responsible for violations of laws and regulations should be punished according to law.
The Ministry of Construction shall, in conjunction with relevant departments, formulate standards for the construction of decoration projects, and strictly prohibit the use of materials harmful to the human body in decoration projects. ......
2. Measures for the Administration of Residential Interior Decoration and Decoration of the People's Republic of China Order No. 110 of the Ministry of Construction.
Article in the city engaged in residential interior decoration activities, the implementation of supervision and management of residential interior decoration activities, shall comply with these measures.
The term "residential interior decoration" in these measures refers to the construction activities of the owner or the residential user (hereinafter referred to as the decorator) to decorate the residential interior after the completion and acceptance of the residence.
Article 5 The following acts are prohibited in residential interior decoration activities:
A) without the original design unit or the design unit with the corresponding qualification level to put forward the design plan, change the main body of the building and load-bearing structure;
2) Convert the room or balcony without waterproof requirements into a bathroom or kitchen room.
3) Expand the size of the original doors and windows on the load-bearing wall, and remove the brick and concrete walls connecting the balconies;
4) Damage the original energy-saving facilities of the house and reduce the energy-saving effect;
5) Other behaviors that affect the safety of building structure and use.
3. Construction Law of the People's Republic of China
Article 70 In violation of the provisions of this Law, the unauthorized construction of the decoration project involving the change of the main body of the building or the load-bearing structure shall be ordered to make corrections and a fine shall be imposed; if the loss is caused, it shall be liable for compensation; where a crime is constituted, criminal responsibility is pursued in accordance with law.
4. "People's Republic of China *** Order (No. 279) "Regulations on the Quality Management of Construction Projects".
Article 69 Whoever violates the provisions of these Regulations by carrying out a renovation project involving changes in the main body of the building or the load-bearing structure, and constructs it without a design plan, shall be ordered to make corrections and shall be fined not less than 500,000 yuan but not more than 1,000,000 yuan; If the user of the building changes the main body and load-bearing structure of the building without authorization during the decoration process, he shall be ordered to make corrections and shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
Where the acts listed in the preceding paragraph cause losses, they shall be liable for compensation in accordance with law.
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