As the saying goes, "distant relatives are not as good as close neighbors", but there are many kinds of neighborhood disputes in real life. Mr. Zhang, who lives in Room 202 of a community in Chaoyang District, Beijing, found that the ceiling of his kitchen was leaking, and after inspection, he thought that the water was leaking from room 302 upstairs, so he went upstairs to check and found that the top of his kitchen was actually the bathroom of 302.
In other words, the leaking water in Mr. Zhang's kitchen was actually the water in the upstairs bathroom. After negotiations failed, Mr. Zhang took the owner of Room 302 to court in a fit of rage.
302 Homeowner: Altered by the previous owner during renovation
202 Homeowners: Not recognized
It can be seen from the floor plan that the owner of 302 has made great changes to the location of the bathroom, which directly leads to a considerable part of the area of his bathroom being located just above the kitchen of room 202 downstairs. After many negotiations and complaints to no avail, Mr. 202 sued the owner of 302 to the court, demanding that 302 restore the original structural layout of the house.
During the court trial, the owner of the 302 house admitted the fact that part of the original kitchen area of the house was converted into a bathroom and a toilet was placed, but replied that the house was a second-hand house he bought, which was changed by the owner during the renovation before 2014, and this pattern had been maintained for 9 years at the time of the lawsuit, and there was no problem of adverse impact on the psychology of the 202 homeowner. In addition, the house involved in the case was built in 1988 and belongs to a typical old community, and the buildings in the community are brick and concrete structures, and the quality is worrying.
The owner of the 302 house also showed the testimony of the neighbors, saying that if the structure of the house was restored to its original state according to the requirements of the 202 owner, it would inevitably be necessary to dig the ground again, remove the old walls, and build new walls, and such a large renovation may cause cracks in the building and cause greater safety hazards.
In this regard, the owner of 202 did not recognize it, and provided photos saying that there were owners in the community who were decorating.
The court ordered: 302 homeowners to restore the structure of the house to its original state
After hearing the case, the court held that although the renovation of the house in this case was the freedom of the owner, it needed to be carried out within the scope permitted by the regulations. In view of the special functions of bathrooms and kitchens, the residential design code issued by the Ministry of Housing and Urban-Rural Development of the mainland clearly stipulates that toilets should not be directly arranged on the upper floors of bedrooms, living rooms (halls), kitchens and dining rooms of residents on the lower floors, and this clause is mandatory.
Accordingly, the court found that the 302 homeowner's act of altering the structure of the house to allow part of the bathroom to face the kitchen downstairs was a violation.
After the trial, the court held that based on the special purpose of the bathroom, the renovation of room 302 would cause discomfort to the owners downstairs, which was not in line with the living habits of ordinary people and violated good customs. As for the 302 homeowner's argument that the building is too old and the wall needs to be demolished again to restore the original state, it may cause potential safety hazards to the building, because there is no evidence to support it, and the court will not accept it.
As for the fact that the 302 owner said that the house was a second-hand house he bought, and that the alteration was caused by the renovation of the previous homeowner, the judge said that even if it is true, it will not affect the court's judgment and enforcement. Homeowners can resolve issues through negotiation with the previous landlord or by suing.
In the end, the court ordered the owner of 302 to restore the bathroom and kitchen structure of the house to its original state.
▌Source of this article: CCTV News WeChat public account