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The addition of elevators is in a "seesaw battle": the elevator site is only 1 meter away from home, and the owner on the first floor does not agree to be prosecuted.

2024-05-14

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The addition of elevators is in a "seesaw battle": the elevator site is only 1 meter away from home, and the owner on the first floor does not agree to be prosecuted.

"Distant relatives are not as good as close neighbors." However, the owner of an old community in Quxian County, Sichuan Province, went to court because of the addition of elevators in the building, and the low-rise owners and high-rise owners began a two-year "tug of war". 4 floor and above the high-rise owners said that the additional elevator procedures are complete. However, the low-rise owners said that they did not inform themselves of the change in the location of the elevator installation. The new location affected the privacy and lighting of the house, and there were fire hazards. They refused to agree to add elevators. Subsequently, the high-level owners sued Ms. Shao and other low-level owners to the court, but the lack of legality of the additional elevator was rejected because they did not provide proof of fire protection approval. Neither side appealed after the verdict. Later, the high-level owners applied again to the local housing and construction bureau, the natural resources bureau and other departments. after the publicity, due to the opposition and obstruction of the low-level owners, the elevator installation project has been suspended after the foundation pit has been dug, and the relevant departments have failed to mediate for many times.

↑ The two windows on the left are the windows of Ms. Shao's toilet and kitchen from left to right respectively.

"The storm":

The owner of the first floor did not agree to add elevators.

High-rise owners sue, dismissed for failing to provide explicit approval for fire protection

Recently, Ms. Shao, who lives in Dingxiangyuan Community, Qu County, Sichuan Province, reported that the building where she lives needs to be equipped with elevators. The length and width are both 2.2 meters, which affects her privacy and lighting. She had an unpleasant trouble with the owners upstairs. A total of 9 owners from the 4th floor to the 8th floor went to court.

Ms. Shao told Hongxing News that Ding Xiangyuan Community was built around 2007 and has 16 households on 8 floors. Due to the policy of adding elevators to the renovation of old residential areas, outdoor elevators have been installed in many buildings in the residential area for the convenience of travel. The owner of Unit 16 where she lives is also ready to install outdoor elevators after consultation.

"We have no objection to adding elevators, but the location of the elevator is very close to my toilet and kitchen, which seriously affects lighting and personal privacy, as well as fire safety." Ms. Shao said that since 2021, the outdoor elevators added to many buildings in the Dingxiangyuan community have been installed in the green belt a few meters away from the building, and the lowest stop is above the third floor.

The location of the additional elevator in her building was originally in the green belt a few meters away from the entrance of the building, with a length of 2.2 meters and a width. Red Star News reporter saw at the scene that the street lamp in the green belt had been dug out, but the elevator location chosen later was close to the entrance of the building and the foundation pit had been dug. Ms. Shao said that according to the published drawings, the elevator was located 1 meter away from her kitchen window, and she firmly disagreed.

Ms. Shao told Hongxing News that she did not sign the first time she signed whether she agreed to repair the elevator, and only agreed to sign the second time. However, she verbally proposed that the location of the elevator should be in the green belt a few meters away from the entrance of the building, which should not affect the lighting and privacy of her home, as well as the fire safety. Because she usually takes children in Chengdu, in September 2021, when the neighbor on the second floor told her that the elevator was located close to the gate of the building, the relevant departments had repeatedly publicized the contents of the elevator installation. Subsequently, Ms. Shao returned to Quxian County and submitted dissent to relevant departments many times.

In 2022, a total of 9 owners from the 4th to 8th floors took Ms. Shao and two other low-rise owners to court, but the lack of legality of the additional elevators was rejected because they did not provide clear approval from the fire department.

↑ Judgment

The court held that in the "Instructions for the Construction of Additional Elevators in Unit 16 Residential Quarter of Dingxiangyuan in Quxian County" issued by an elevator co., ltd. provided by the plaintiff, it was clear that the canopy structure of the unit entrance door should be removed during the construction to conform to the 1.3-meter fire passage design of the elevator design plan. However, in the general plan (surface) of the elevator design provided by the plaintiff, it, it, it was marked that the distance between the elevator and the unit gate was only 0.7 meters, it is not possible to determine that the additional elevator ensures that the requirements for evacuation and fire safety are met. "The evidence provided by the plaintiff in this case is not sufficient to prove that all the administrative approval procedures for the addition of elevators have been legal, especially the explicit approval of the fire department has not been provided. Only those whose legitimate rights and interests have been infringed can be protected by law. Therefore, the plaintiff lacks the legality of adding elevators to existing residences."

Subsequently, both sides did not appeal, the program again modified.

"Behind":

The original site selection of the elevator was opposed by the owner of the opposite building.

The relocation was only 1 meter from her home, "affecting lighting and privacy"

Why has the location of the additional elevator in the building changed? In this regard, Ms. Shao said that her own people in Chengdu, do not know, the lead owner did not inform themselves.

On June 15, when the relevant departments and Ms. Shao were mediating the matter in Qujiang Street Office, the community staff said that the site selection was indeed the green belt directly opposite the crossing of Unit 16 building at first, but the owner of the opposite building did not agree, because the elevator was facing their living room, and the transparent elevator would affect their privacy. Later, with the consent of most people in Unit 16, the current location of Loudaokou was chosen and publicized, but it was opposed by low-level owners such as Ms. Shao.

In this regard, Ms. Shao said that the new location of the elevator is 1 meter away from her kitchen window, next to the toilet, which seriously affects the lighting and personal privacy of the house, as well as the fire safety of the corridor.

According to the staff of the Quxian Natural Resources Bureau, the new site selection is after the owner has selected the location, and they approved the addition of elevators after the announcement.

However, Ms. Shao said that she had submitted dissent to all departments during the publicity period.

During the mediation, the staff of the Quxian Housing and Construction Bureau introduced that after the judgment of the two parties, considering the impact of the low-rise residents, the elevator design was changed from 2.2 meters in length and width to 2.6 meters in length and 1.6 meters in width, which fully met the lighting And privacy requirements, fire safety also meets the requirements before approval. The site survey opinion form for the addition of existing residential elevators in Quxian urban area shows that 1.2 meters are reserved for fire exits.

However, Ms. Shao still questioned that the discrepancy between this design and her own on-site measurement will still affect the lighting and privacy of her own house, as well as fire safety issues. She said that she did not see the relevant opinions and administrative approval of the fire department.

"New regulations":

Installation of elevators does not require the consent of all owners.

To avoid "one household blocking the whole building", many departments have agreed to add elevators.

In January 2023, Qujiang Sub-district Office, Houxi Community and Community publicized relevant information such as additional elevator design drawings for Unit 16 of Dingxiangyuan Community. Ms. Shao continued to submit an application form of disagreement to relevant departments.

According to the information provided by Ms. Shao, the Natural Resources Bureau and the Housing and Construction Department have signed the opinion form, which shows that the fire passage is not less than 1.2 meters, and the corridor entrance is not less than 1.2 meters on the drawing.

At the coordination meeting on June 15, the staff of the housing and construction department introduced that in December 2021, the Sichuan Provincial Housing and Construction Department, together with the Provincial Development and Reform Commission and other six departments, issued the "guidance on further doing a good job in the addition of existing residential elevators" (hereinafter referred to as "guidance"). In the past, the installation of elevators in the renovation of old residential areas required the consent of all owners, which was prone to the phenomenon of "one household blocking the whole building. At present, the new "Guiding Opinions" do not require the consent of all owners, and the clause of "other owners have no objection" has been canceled. The proportion of owners' consent has been adjusted to "owners who are willing to add elevators. All owners of the unit are consulted on whether to add elevators. Owners with more than 2/3 of the exclusive part of the unit and owners with more than 2/3 of the population will participate in the voting, and with the consent of owners with more than 3/4 of the voting area and more than 3/4 of the voting number". After the implementation of the "Guiding Opinions", "double 2/3 participation, double 3/4 consent" owners can carry out procedures such as plan preparation and reporting department review, so as to avoid the unreasonable phenomenon of "one vote blocking the whole building.

Ms. Shao pointed out that the area of the elevator foundation pit during construction has exceeded the scope of installing the elevator. After the elevator is installed, it will still affect the lighting and privacy of their houses. Qujiang Street Office, Houxi Community, Quxian Natural Resources Bureau and Housing and Construction Bureau have repeatedly coordinated the matter to no avail.

The staff of the Quxian Housing and Construction Department introduced to Hongxing News that the elevator drawing design meets the relevant requirements in terms of lighting, privacy and fire safety. According to the "Guiding Opinions on Further Doing a Good Job in the Addition of Existing Residential Elevators" issued by the Sichuan Provincial Department of Housing and Urban-Rural Development in 2021, the addition of elevators no longer requires the consent of all owners. If Ms. Shao does not agree, she can protect her rights through legal procedures.

Regarding Ms. Shao's issues affecting lighting and privacy, the staff of the Quxian Housing and Urban-rural Construction Bureau said that on June 16, an on-site survey was conducted according to the design drawings to see if it affected the lighting and privacy of her home, as well as fire safety issues. At 11:30 in the morning, Ms. Shao told Hongxing News that according to neighbors, there were some white lines on the ground at the construction site, but no relevant personnel had contacted her.

Source: Red Star News

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