Source: China News Weekly

Author: Wang Chunxiao

A owner of the two apartments of Wuyue Plaza, Wuyue Plaza, Zhaoqing, Guangdong, bought a 42 suites of all 2 floors. It is planned to turn the wall and renovate it into an entertainment venue.During the decoration, the construction team was brutally disassembled to the wall, cut off the pillars, and even hanged the excavator on the two -story operation, resulting in different degrees of cracks in the houses of the 3rd and above owners.

On June 6, the Sihui City Urban Construction Bureau issued a notice that the preliminary review and judgment did not have structural safety issues for the time being.Disposes according to law and regulations.

Nevertheless, the owners still expressed concerns about the quality of residential safety.They hope that Yao and relevant departments can conduct further professional testing of apartments and compensate the corresponding economic losses at the same time.

The owner bought 42 suites to rebuild the entertainment venue decoration, causing cracks in multi -storey houses

2 apartments (hereinafter referred to as Wuyue Apartment) of Wuyue Plaza are located on the Commercial Avenue of Yucheng neighborhood committees in Dongcheng Street. This is also the city's central district of the four associations of the four associations of Chinese jade.

According to public information, Sihui Wuyue Plaza officially started in July 2018. The total investment was close to 4 billion yuan (RMB, the same below, the same, S $ 757 million).As the first Wuyue Plaza, where Xincheng Holdings Group is in Guangdong, it covers a total area of about 110,000 cubic meters and a total construction area of about 600,000 cubic meters.The composition of housing on the floor gathers multiple functions such as residence, entertainment, leisure, and shopping.

As one of the projects, the delivery was completed in July 2021.The owner here told China News Weekly that in the original design, the 1st floor of the apartment is used as a commercial, and 42 households on the 2-11 floor are used as an apartment.In the propaganda of the year, this apartment was a small apartment of 30-60 square meters, with a height of more than 5 meters, and the down payment required 180,000 yuan.

Four years ago, Mr. Guan, who was engaged in the jade business, fancy the superior geographical location of Wuyue's apartment, took out all the deposits at home, and loaned tens of thousands of yuan to buy a set of more than 40 flat units.At the end of May this year, they originally decided to check in after firing and renovated for many years, but before choosing a decoration company, the apartment had a problem.

The owner of the 2nd floor, Yao, bought all 42 houses on this floor. It is planned to turn the wall and renovate into an entertainment venue. The construction causes multiple houses on the 3-10 floors upstairs.

"Construction team started demolition and renovation from May 23." Mr. Guan said that at first, there were only some workers handicrafts at the scene, and the residents upstairs were just stirred by high -intensity noise.They reflected the situation to the property, and the response was that "the two layers are indeed renovated, everyone can rest assured, it is reasonable."

But the next day, in order to speed up the renovation speed, the construction party disassembled the windows, and the excavators and other equipment were lifted on the two floors for mechanical operations, and many walls were removed.The noise that followed was getting more and more obvious. The entire building seemed to be shaking. Soon, the 3 or 4 floors of houses also cracks.

For this reason, several owners on the third floor went downstairs to discuss, but they were persuaded by the property."The property responded to others that there were reports, which was safely demolished, otherwise they would not open water and electricity." Mr. Guan recalled.

In the next few days, as the removal of movement is getting larger and larger, more and more houses with 3-10 floors have different degrees of cracks.There are obvious vertical or diagonal cracks in the interval wall of the owner's house. There are even obvious horizontal cracks in the partition wall and indoor mezzanine, and the wall cabinet of the owner's house has been shocked.

Mr. Guan and several owners with obvious cracks in houses once again found the property and asked to check the construction permit of the owner of the 2nd floor on the spot. At this time, the answers got the document being processed.Under anger, they called to complain to the Urban Construction Bureau of Sihui City.

On May 29, about a week after the construction was carried out, the staff of the Urban Construction Bureau arrived at the site of the apartment for inspection to determine that it was unlicensed and required to stop the work.However, Mr. Guan said that it didn't take long after the inspection of the Housing and Urban Construction Bureau, and the second floor began to work again.They reached the 2nd layer of power and almost had disputes with the construction staff.For this reason, he also called the police officer, but still failed to prevent the construction of the workers.

In the live video, the operator of the construction team said toughly, "You tell us that it is useless, you go to the boss (or refer to the 2 -layer decoration owner Yao) to talk."

No last resort, Mr. Guan took the owner to complain to the Urban Construction Bureau again.In the end, on June 1, the Sihui City Urban Construction Bureau issued a suspension of rectification plan.

In less than 10 days, the 2nd floor of Wuyue Apartment became stubborn, and construction waste accumulated piles.The video shows that the construction party uses small excavators, cutting machines and other operations to cut off the cement column. Some reinforced bars are deformed and the door frame is also removed.

"In order to facilitate the cleanup of garbage, they also roughly opened the ceiling between the 1st and the 2nd floor," said Mr. Guan.

The Housing and Construction Bureau claims that the owner of the illegal construction owner is required to determine the safety of the apartment

On June 5, the incident was reported by the local TV station, causing the attention of the entire network.

The next day, the Housing and Urban -Rural Development Bureau of Sihui City issued a notice.The report shows that the construction area of 42 apartment houses on the 2nd floor of Wuyue Apartment is 1842.64 square meters, which is owned by Yao Mou, the same owner.Yao mixed with a large -scale mechanical dismantling wall without obtaining a construction permit. The preliminary statistics have been in violation of 700 square meters of illegal construction.

At present, the Sihui Municipal Housing and Urban Construction Bureau has issued a notice of correction of illegal acts on Yao, and ordered him to stop the construction and make corrections within a time limit.

Sihui City Housing and Construction Bureau also stated that on June 3, with the consent of the owner, they organized an expert in the structure department of the Guangdong Provincial Institute of Architecture and Shenzhen Tongji Architectural Design Co., Ltd., which is the original apartment involvedThe design unit experts went to the scene for survey, and preliminary review and judgment had no structural security problem for the time being.

On June 5th, Shenzhen Tongji Building Design Co., Ltd. also issued a preliminary evaluation report, saying that the main structure of the apartment building adopts the frame-shear wall system, and the 2-story partition wall is filled with the masonry wall.Belong to the enclosure component.During the survey, except for the two floors of the floor, there was no local opening of the cave, no structural subject damage was seen. After the two -story removal partition wall was removed, the main structure safety was not yet affected.

At the same time, the company mentioned that when Yao was demolished, the mechanical equipment entered the 2nd floor, and there were construction waste dumps on the scene.After a preliminary review, the mechanical equipment and stacking bearer beyond the original structure of the floor. Therefore, it is recommended that the census and detailed detection of the beams and beams under the plate of equipment walking and stacking range may occur on the 2nd floor.

In addition, considering the cracking of the enclosure components on the three and above households, the company also suggested that a special testing agency for comprehensive testing and assessment.

Shenzhen Tongji Building Design Co., Ltd. stated that they have transferred Yao's suspected unauthorized construction to the Municipal Urban Management Bureau to deal with it in accordance with laws and regulations.In the next step, the Sihui Municipal Housing and Urban Construction Bureau will organize the experts of the Guangdong Provincial Institute of Architectural Sciences as soon as possible to conduct a comprehensive test and evaluation of Wuyue Apartment Building, investigate the apartments with cracks one by one, and deal with it according to law according to law.

For these reports and evaluation reports, the owners of the third floor and above houses are not fully recognized. "It should be tested and evaluated by professional testing agencies. We must see paper safety reports to ensure this building to ensure that this buildingIt's really safe, "Mr. Guan said.

At present, the owners of this apartment collectively signed a request book, asking for the identification position and content with the 2nd floor owner Yao.For example, identify the location of Yao's demolished and determineWhether there is a beam and pillar that is demolished; demolished behavior affects whether the main structure and quality and safety of the building are affected, and the safety level is reduced from the original design safety level A, B, C, and D to which level.How big and so on.

As of now, Yao, the owner of the 42 -family apartment, has never appeared, nor did he explain and apologize for the owners who were damaged to the house.Mr. Guan told China News Weekly that the information they learned was that the 1st floor of the apartment may also belong to Yao, but the property and relevant departments did not make it clear.

On June 6, Mr. Liu, the owner of the 7th floor, provided a notice of assistance to the investigation of suspected unlicensed construction behavior issued by the Fourth City Urban Management Bureau, which mentioned Yao's phone number.China News Weekly tried to dial, and the other party said many times that he was not a party.

Why does the property turn around?

After the incident, in addition to clearly repairing and compensation plans, the owners of Wuyue Apartment also asked to find out the fault of the property.They believe that the property knows that the construction party and Yao have not obtained the consent of the overall operation and structural change of the building, not reporting to the Housing and Construction Bureau to obtain approval, and no engineering supervision on the scene.Signing the dismantling situation, cooperated with Yao to cover up the truth.

According to the management measures of the interior decoration and decoration of Chinese residential houses, the interior decoration activities of the residential houses are prohibited from proposing design solutions without the original design unit or a design unit with corresponding qualifications, changing the building subject and bearing structure.Change the outer facade of the house, open doors and windows on the non -loading exterior wall, and must not build buildings, buildings, etc.

The above measures stipulate that before the decoration project of the residential interior decoration project is started, the decorator shall apply to the property management enterprise or housing management agency (property management unit).

At the same time, the property management unit shall implement management in accordance with the residential interior decoration management service agreement. It is found that the decorator or decoration company has the prescribed violations and should be stopped immediately.Report relevant departments handle according to law.If the decoration person or decoration company violates the interior decoration management service agreement of the residential interior decoration, it is held accountable for breach of contract.

The

Property Management Regulations also stipulate that the act of violations of laws and regulations stipulated in laws and security, environmental protection, property decoration, and use of property management areas should be stopped and reported to the relevant administrative department in a timely manner.

It is understood that the property of Wuyue Apartment is the Four Association Branch of Xincheng Yue Property Service Company.

The company's property manager previously responded to the media that someone had come to the property center ditch before through decoration. "He said that he would open it (all walls) and told me that it was manually demolished. It was indeed our negligence management.I did not see (the crane crane excavator to the construction of the 2nd floor).

However, Mr. Guan and Mr. Liu have clearly stated to China News Weekly that they have repeatedly explicitly feedback the situation of the two -layer barbarous wall disassembly, and also questioned the rationality of heavy machinery such as excavators.I said in the group that I also communicated the matter on the spot.

In the communication group of Wuyue apartment, some people pointed out that "the hook (excavator) goes upstairs to violate the rules", but the property staff immediately replied: "It is not for us to say that it is not the case.Just kidding? "

The property staff also explained: "The 2nd floor of the apartment was bought by a person (Yao). How to decorate is the right of others. As long as he does not operate in violation of regulations, our property cannot interfere."

Mr. Guan said that because the property belongs to the new city holding of Wuyue Plaza, in subsequent rights protection, they also hope that Xincheng Holdings can bear the corresponding responsibilities.

From June 6th to 7th, China News Weekly contacted the property company many times, and no one answered the phone.According to media reports, the Sihui City Urban Construction Bureau said that Yao has promised to be responsible for subsequent appraisal and maintenance costs.

Lawyer: The owner's primary responsibility

The property shall bear the joint responsibility, and the supervision of the competent authority is poor

After the storm of the wall, Mr. Guan and his family temporarily put on the decoration plan.They are still worried about the safety of Wuyue Apartment. If more costs are invested, what should I do if the safety of the house is not guaranteed?

In fact, in addition to Mr. Guan, a large number of owners buying houses in Wuyue Apartment are used for leasing investment or company operations.According to the local economic level, the monthly rent of each apartment ranges from 2000-3,000 yuan.But to this day, many owners of the three floors and above have received the rents from tenants' retirement, and they are also worried about the safety of houses.

"At present, the official only stops construction and requires correction within a time limit instead of being completely stopped. The 2nd -floor large -scale modification and entertainment venues have not been consent of our owners, and we still hope to maintain the nature of the apartment building house," said Mr. Guan.

For this incident, Fu Jian, director of Henan Zeji Law Firm, believes that Yao, an owner of the two -story barbarous wall disassembly, violated the construction law and started construction without applying for a construction permit. At the same time, Yao also violated the Civil CodeProperty editing stipulates that due to the construction of other residents' houses due to construction, it is necessary to assume the responsibility of unlicensed construction and harming other people's house ownership for the ownership of the house and the right to use the benefits of the house.

Fu Jian said, first of all, Yao's smashing wall has endangered the personal and property safety of other owners. Other owners have the right to request the infringer to bear the liability for infringement, eliminate obstacles, and eliminate danger.In the management measures and provisions of the interior decoration and decoration, if the user of the house building changes the main body and bearing structure of the house building during the decoration process, it shall be ordered to make corrections and impose a fine of 50,000 yuan and 100,000 yuan.If Yao knows that the structure and load of the main body of the house may lead to the danger of collapse of the building, it may be suspected of endangering the crime of public safety in danger.

Fu Jian also said that if it is identified, Yao's decoration is illegal to destroy the main body and bearing structure of the house, and if there is a causal relationship between the cracks on the wall and the decoration of illegal decoration, the owner of the 2nd floor may ask Yao to bear the identificationCost and compensate other losses.If the property does not fulfill its management responsibilities or major faults, it shall bear the liability for compensation.If the house is no longer suitable for residence, the other party can also ask the other party to bear the cost of spending for temporary residences.

Fu Jian also mentioned that in this incident, the housing and urban construction departments and the safety supervision department should supervise the construction process and safety issues of the house.Yao started construction without obtaining a construction permit. It is an administrative responsibility for poor supervision of the housing and construction department and should be in poor supervision.It is not an administrative responsibility for the safety department to not effectively perform the responsibility of the security department that has not effectively fulfilled the responsibility of the security department.

In fact, in laws and regulations of the General Office of the State Council on further rectification and standardization of the order of the building market, all regulations have been related to interior decoration.Inadequate, the relevant departments did not implement these laws and regulations.Therefore, it is necessary to increase the legal education of the administrative department and promote the departments to do things strictly in accordance with the law.

For this issue, many lawyers also mentioned that the industry authorities should establish and improve the compensation system to clarify who to bear the loss, so that the wall -smasher to fully understand the legal risks they may face.