Renovation knocks down the load-bearing wall, the whole building becomes dangerous, and all the neighbors move out. How to compensate?
I bought a house and wanted to decorate it, but how to install it is not a willful private matter. Recently, in Guali Town, Xiaoshan District, Hangzhou, a first-floor owner renovated his house, which caused the whole building to crack and become a dangerous building. All the neighbors evacuated urgently because he knocked down the load-bearing wall during the renovation.
Hangzhou, Zhejiang: Renovation knocked down the load-bearing wall and the whole building became a dangerous building.
This dangerous building is 31 commercial apartments in Guali Town, Xiaoshan District, Hangzhou, and obvious cracks can be seen in the wall. At present, the building has been closed around with isolation boards, and a notice from the town government has been posted: the corridor is temporarily closed because of the need to solve the crisis. The date of signature is September 17th.
It is understood that the commercial apartment was built in the late 1980s, with 31 buildings with 3 units and a total of 36 households. At present, the owner of the illegal decoration on the first floor has been controlled, and all the residents have been given resettlement fees to let them stay in hotels or go to relatives and friends.
According to Xiaoshan police’s notice of appraisal opinion, the risk level of 31 commercial apartments is D, and the current situation of housing structure can not meet the requirements of safe use. In this regard, Guali Town said that the houses in the whole community are relatively old. If they are demolished and rebuilt, it may affect the surrounding houses. The most urgent task is to reinforce and eliminate the dangers, so that the house appraisal level can reach B level.
Staff of the Letters and Calls Office of the People’s Government of Guali Town, Xiaoshan District, Hangzhou, Zhejiang Province: The landlord who illegally renovated has paid 4,000 yuan to each household. Only when the appraisal is Grade B will the owner return to live. The plan has been worked out, and the reinforcement time is estimated to be 30 to 45 days.
Lawyer: Dismantling the load-bearing wall without permission seriously endangers public safety.
At present, the owner and contractor of the decoration have been taken criminal compulsory measures on suspicion of negligent crime of endangering public safety by dangerous means, and the case is under further investigation. Like this, because of the fault of one household, the interests of the residents in the whole building are damaged, and there may even be danger of personal safety. Can other residents file economic claims? How should the relevant departments deal with the owners who have caused bad results?
Yue Shenshan, lawyer of Beijing Yuecheng Law Firm: After appraisal, this house is dangerous, which will have two consequences:
One consequence is in the civil aspect, because this demolition behavior leads to the building becoming a dangerous building, and the overall maintenance of the building will cause damage to other owners. In this case, other owners can claim economic compensation from the owner who demolished the load-bearing wall.
Another consequence is that the demolished load-bearing wall makes the whole building unsafe, which is an act endangering public safety. This is a kind of negligence, because negligence, did not foresee the consequences of their own demolition behavior will endanger public safety, to bear the crime of endangering public safety by dangerous means.
According to the provisions of the criminal law, it will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the circumstances are minor, it will be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Although the building has not collapsed now, it may pose a danger to unspecified people around it. At this time, it is a serious crime that endangers public safety.
Fortunately, at present, no residents are injured because of this incident, but one of the focuses of attention is how to deal with Building 31, which has become a dangerous building. Is it to repair or tear down and rebuild?
Yue Shenshan, lawyer of Beijing Yuecheng Law Firm: If the building has been restored and the danger has been eliminated, it will not be demolished. The building itself will not be rebuilt because of the owner’s reasons, and it needs professional appraisal and evaluation.