Recently, Orange Friends "Play 1" posted on the Orange Persimmon Interactive APP-Orange Circle of Friends-Tucao Help Forum: Whether residents are allowed to install firewood-burning heating stoves in urban communities, Fuyang District Yinhu Street Sanjiang Ming Cui Lanwan Community multi-family households install and use such heating stoves, chimneys directly exhaust smoke, causing air pollution, affecting the lives of surrounding residents, can you ask the relevant departments to count how many chimneys in a community.
Judging from the ** issued by this orange friend, a chimney pierced out of the building wall, straight up, and was exhausting into the air.
Check the poster Ms. Chen told reporters that her community is mainly based on townhouses and villas, and she doesn't often go back to the community to live, but from last year to now, many people have installed heating stoves one after another.
The reporter of the orange persimmon through train went to the Mingcui Lanwan community to inspect the site and did not see the external chimney mentioned by Ms. Chen. Contacted the Aohai property in the Mingcui Blue Bay Community, the property staff said that no owner has reported a similar situation so far, "whether the heating stove can be installed, our property also said that it does not count, I think we need to ask the Environmental Protection Bureau and other relevant departments for their opinions." ”
Is this type of stove safe?
Is it illegal to chisel through the exterior wall for installation?
On the online shopping platform, fireplaces, heating stoves, etc. are also used as a kind of commodity**, and their prices are basically more than 1,000 yuan. The size of the heating stove is basically determined by the area used, and the larger the volume, the higher the heating stove**. The customer service of a store told reporters that the heating stove on sale at his home is closed and burned when used, and there is no risk of exhaust gas being discharged into the room.
However, for the installation of heating stoves, the customer service said that it is necessary to drill holes in the building and install smoke exhaust pipes and chimneys on the outside of the residential building. When the reporter asked whether this was an illegal construction, the customer service made it clear that it was not an illegal construction.
Another customer service that sells heating stoves also said that as long as the heating stove has enough pumping power, the exhaust gas will not spread into the room, but if a chimney is installed, it will need to make a hole outside the wall.
The reporter noticed that most stores will give buyers multiple sets of installation plans, some of which are smoke exhaust pipes extending outward at the roof opening, and some extending outward at the opening of the outer wall of the building.
Lawyer:
The chimney installed by the owner himself is an illegal building and should be demolished
Orange Persimmon Express also consulted Zhu Junjie, a lawyer at Beijing Zhongkai (Hangzhou) Law Firm, on this matter.
Lawyer Zhu Junjie said that according to Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over the Differentiated Ownership of Buildings, the basic structural parts of the building, such as the foundation, load-bearing structure, exterior wall, and roof, belong to the common parts of the building zoning. According to the relevant provisions of the Civil Code, if it is necessary to reconstruct or reconstruct the building and its ancillary facilities or change the use of the common part, it shall be voted by the owners of more than two-thirds of the area of the exclusive part and more than two-thirds of the number of owners, and the consent of more than three-quarters of the owners of the exclusive part and more than three-quarters of the number of owners participating in the voting.
If the chimney in the community is installed by some owners by punching holes on the exterior wall of the building, without the consent of the owners' general meeting and not filing with the property, then the chimney is an illegal building, and other owners have the right to request the removal of the chimney. If damage is caused to the legitimate rights and interests of other owners, other owners may demand compensation in accordance with law.