Who will manage the illegal buildings in the community? Recently, some readers have written to reflect that some owners of their own communities have built illegally. In the annex of the commercial housing sales contract, there is an agreement that "property buyers shall not build illegally, otherwise they shall bear corresponding responsibilities". Can the developer sue the owner and ask him to dismantle the illegal construction? If the developer doesn't sue, are there any other solutions? On this issue, lawyer Li Zhidan of Tianjin Zhong Lei Law Firm replied: The commercial housing sales contract signed by the developer and the purchaser is mainly an agreement on a series of matters in the process of commercial housing sales. After the purchaser pays the house price, the developer delivers the house and the purchaser obtains the property right certificate, the contractual obligations of both parties have basically been fulfilled. The agreement in the commercial housing sales contract that "the buyer shall not build or bear the corresponding responsibilities privately" belongs to the post-contract obligations that the buyer should bear, and the buyer should also abide by it. In judicial practice, there have been cases in which developers sued owners for demolition of illegal buildings based on commercial housing sales contracts and obtained the support of the people's courts. According to the Regulations of Tianjin Municipality on Urban Appearance and Environmental Sanitation, it is the social obligation of every citizen to safeguard public interests and maintain a good environment. When an owner illegally builds in a residential area and infringes on the interests of other owners, as a property management company responsible for managing the residential area, it can stop illegal construction according to the provisions of the Tianjin Property Management Regulations. If it is still not corrected after criticism and education, the property management company has the right to bring a lawsuit to the people's court where the community is located, requiring the illegal owners to dismantle the illegal construction and restore the original state. The owners' congress and the owners' committee represent the interests of all owners, and also have the right to demand to stop the infringement and remove the obstruction according to the provisions of the Property Law. If the illegal construction affects other owners' neighboring rights such as lighting and road rights, the relevant owners can also bring a lawsuit to the people's court where the community is located based on the neighboring relationship, requesting the people's court to order the removal of obstacles and restitution in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. In addition, the relevant administrative departments of the government, such as the Urban Management Comprehensive Law Enforcement Bureau, have the right to exercise management responsibilities for illegal construction. Owners can report to the urban management department, and the urban management department will impose administrative penalties on owners who carry out illegal construction, such as dismantling illegal construction.
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