Source: Engineering One
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The upstairs neighbor converted the kitchen to a toilet
Directly opposite the kitchen downstairs
Is such a transformation reasonable?
Own house
Do you really want to do whatever you want?
Behind closed doors, no one can care?
The court ruled
Brief facts of the case
In 2014, Liu renovated the house and moved in. During the renovation, Liu changed the original type of the house, demolished the living room public bathroom, expanded the living room area, and changed the kitchen to public bathroom, resulting in the public bathroom facing the downstairs kitchen.
In 2016, Li purchased a house under Liu mou and moved in in 2019 after renovation. During the renovation, Li found that a pipe penetrated the floor from room 401 upstairs, entered the top area of his kitchen, and turned all the way into his main bathroom bathroom and connected to the bathroom supervisor to complete drainage. After checking in, Li often heard the drainage sound of the pipe when cooking in the kitchen, and his heart was very responsive. Li then sued the upstairs neighbor to the court, demanding that the neighbor restore the kitchen that was converted into public bathroom.
Court judgment
The court held that the function of the kitchen and bathroom is clear and there are certain special requirements for their construction. 5.4.4 of the Code for Residential Design (GB50096-2011) clearly stipulates that "the bathroom shall not be directly arranged on the upper floor of the bedroom, living room (hall), kitchen and dining room of the lower tenant". When the Ministry of Urban-Rural Development issued the Residential Design Code (GB50096-2011), it clearly stipulated that this article is a mandatory standard and must be strictly enforced.
According to the above regulations, Liu should not set the bathroom above the lower kitchen. Liu's transformation of the kitchen into a public toilet not only violates the requirements of the national mandatory standards, but also violates public order and good customs, causing psychological discomfort to lower-class residents, and will also have a negative impact on their living life, and Liu should restore the original state.
The court ordered Liu to restore the bathroom in his house converted from a kitchen to its original state within 30 days of the effective date of the judgment.
Links to Laws:
Article 272 of the Civil Code of the People's Republic of China stipulates: "The owner has the right to possess, use, benefit from and dispose of the exclusive part of his building. The exercise of rights by the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners. ”