The first floor downstairs of my house occupies the corner of the stairs, with many tables and chairs, and sometimes a bicycle and battery car are parked by the way. I just wrote a plan and stuck it on their door with a lot of glue. If I don't move, I'll tell the property. But if the property doesn't care, I will help them deal with it. After all, I'm leaving this project. At least someone knows I'm leaving.
I hope it can help the subject. The encroachment of public interests is really irritating, but it should also be rational. But I think the subject may need some sensibility and impulse.
First of all, according to Article 27 1 of the Civil Code of People's Republic of China (PRC) (hereinafter referred to as "Civil Code"), the owner enjoys the ownership of the exclusive parts such as houses and business premises in the building, as well as the right to share and jointly manage the common parts other than the exclusive parts.
At the same time, according to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over the Ownership of Buildings, the basic structural parts such as the foundation, load-bearing structure, outer wall and roof of buildings, public access parts such as passages, stairs and foyer, auxiliary facilities and equipment such as fire fighting and public lighting, and structural parts such as refuge floor, equipment floor or equipment room are shared.
According to Article 27 1 of the Civil Code of People's Republic of China (PRC), the owner has the right to ask the construction unit, the property service enterprise or other managers and other owners to bear civil liability for their actions that infringe upon their legitimate rights and interests.
Article 14 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in the Trial of Disputes over Buildings with Differentiated Ownership stipulates that: if the construction unit or other actors occupy or dispose of the part owned by the owners, change its use function or conduct business activities without authorization, and the obligee requests to remove obstacles, restore to the original state, confirm that the punishment is invalid or compensate for losses, the people's court shall support it.
To sum up, the infringed owner can bring a lawsuit to the people's court in accordance with the above-mentioned legal provisions, demanding that the infringer remove the obstruction, eliminate the influence and compensate for the losses.
In addition, there is generally no extra area in the public areas of each floor of residential buildings, and the passage is generally a fire evacuation passage that meets the minimum clear width and cannot be occupied; The stairwell belongs to the fire evacuation stairwell, and the evacuation width inside is absolutely not allowed to be occupied. According to Article 60 of People's Republic of China (PRC) Fire Prevention Law (202 1 Revision), it is illegal to occupy evacuation passages. At the same time, according to Decree No.38 of the Ministry of Public Security 120, this situation is also a fire hazard.
According to the OrderNo. 18, Ministry of Public Security120, the fire department of the public security organ shall conduct on-the-spot verification of reported and complained fire safety violations according to the following time limit:
(a) to report complaints about occupying, blocking, closing evacuation passages, safety exits or other acts that hinder safe evacuation, and to stop using fire control facilities without authorization, it shall be verified within 24 hours after receiving the complaints;
(two) the report and complaint of fire safety violations other than the first item of this paragraph shall be verified within 3 working days from the date of accepting the complaint.
Upon verification, violations of fire safety shall be dealt with according to law. Handling the situation shall promptly inform the complainant; If it cannot be informed, it shall be indicated in the acceptance registration.
The subject can call 96 1 19 to report the fire hazard, and the fire rescue agency shall promptly accept and register it, handle it in accordance with the relevant provisions of the Procedures for Handling Administrative Cases by Public Security Organs, and conduct verification within 3 working days.