In order to improve living space and environment, many families choose to renovate and partially renovate their houses. However, during the process of renovation and renovation, it is common to make unauthorized changes to the structure of the house and harm the rights and interests of other homeowners. Mr. Zhang, who lives in Room 202 of a residential area in Beijing, found that the ceiling of his kitchen was leaking. After careful inspection, he believed that the water had leaked from Room 302 upstairs. Upon inspection, he found that the bathroom in Room 302 was located above his kitchen. Originally, Mr. Gao, the owner of Room 302, made changes to the location of the bathroom, so that part of the area of the bathroom in Room 302 is located just above the kitchen in Room 202. Mr. Zhang's family found it difficult to accept, and after negotiations failed, they sued Mr. Gao to the court, demanding that the other party restore the structural layout of the house. Can one make arbitrary changes to their own house? "According to the Civil Code of China, the neighboring rights holders of immovable property should handle the neighboring relationship correctly in accordance with the principles of favorable production, convenient living, unity and mutual assistance, fairness and reasonableness." Judge Xia Li of the Third Intermediate People's Court of Beijing said that although house renovation is the freedom of the owner, it must be carried out within the scope allowed by regulations. According to residential design standards, the bathroom should not be directly arranged on the upper floors of the bedroom, living room (hall), kitchen, and dining room of the lower level residents. "This clause is a mandatory provision." After the court heard the case, it was found that the owner of Room 302's modification of the house structure was a violation, and Mr. Gao was ordered to restore the bathroom and kitchen structures of the house to their original state. The renovation of Mr. Sui's home, which changed the entrance door from "inward opening" to "outward opening", caused dissatisfaction from his neighbor Mr. Li. Mr. Sui lives in Room 1505 and shares the same aisle with Mr. Li's home in Room 1507. The entrance doors of the two households are at a 90 degree angle. Mr. Li believes that the changes in Mr. Sui's home have caused damage to his own travel and safety. After unsuccessful negotiations, Mr. Li sued the court and demanded that the other party change the direction of the entrance door back. After the dispute arose, Mr. Sui found that Mr. Li's house had moved the door and pushed it 55 centimeters outward from its original position, occupying the public passage. He immediately filed a counterclaim against Mr. Li's occupation of the public passage and demanded that the other party also restore the entrance door to its original state. The residential design specifications clearly state that outward opening doors should not obstruct public transportation and the opening of adjacent doors. At the same time, the unified standard for civil building design stipulates that when the doors of evacuation corridors and stairwells are fully opened, they should not affect the evacuation width of the corridors and stairwells Wang Tianshui, a judge of the Third Intermediate People's Court of Beijing, said. In this case, Mr. Li argued that the move of the door was approved by the original property owner of Room 1505. Can this counter Mr. Sui's claim? "His actions are legitimate without obtaining consent," Wang Tianshui said. The recognition of the original property owner of Room 1505 cannot constrain Mr. Sui, the existing property owner. Mr. Li's actions occupy public passage space and also cause hindrance to Mr. Sui's exercise of real estate rights. The court ordered both parties to cease their respective acts of obstruction and restore their respective entrance doors to their pre renovation state. The Third Intermediate People's Court of Beijing reminds that the design plan for building renovation should ensure structural safety, and key structural components such as load-bearing walls, beams, and columns cannot be modified or removed without authorization; Do not swap areas with special functions such as kitchens and bathrooms at will. (Lai Xin She)
Edit：Chenjie Responsible editor：Wang Chen
Source：People.cn
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