Change the entrance door to the outward? Court judgment: restore the original state

Our reporter Wang Chun

Bai Chunhui, a correspondent of our newspaper

In order to maximize the use of space, the decoration house will regard the neighbor\’s opposition and will enter the household door. Is it legal to change from \”opening inward\” to \”open\”?

Recently, the People\’s Court of Linping District, Hangzhou City, Zhejiang Province, publicly tried publicly in accordance with the law that the neighbor\’s good disputes caused by the fact that neighbors had improved the entry into the households, and the judgment resumed its original state.

It is understood that Li and Liu and Zhang are neighbors on the same floor on the same community. When the community was delivered, the entrance door of the two houses was open inside. When Liu Mou and Zhang were undergoing house decoration, due to the small apartment in the house, the designer designed the entrance door to the outside due to the consideration of the maximum use area.

Liu and Zhang sought the opinions of the neighbor Li, a neighbor Li, who were nearly seventy years before the renovation. The household door was changed towards the outside. Li believes that Liu and Zhang change the orientation of the household without authorization. With the full opening of the household door, the narrowing of public channels will affect its passage and cause hidden safety hazards. Restore the house entrance door into the inside.

In order to find out the facts of the case, to understand whether the change of the door of the house really affects the passage of the residents, the undertaking judge went to the scene to inspect and found that the two houses involved in the case were closer to the door. Narrow, when Liu and Zhang\’s house are open outside, they will occupy a large public channel space, which will affect the passage of public channels. If there is someone standing at the door of Li, there is a possibility of collision with a little negligence. With nearly seventy year of Li, daily operations are slower than young people. Liu and Zhang have indeed caused a safety hazard to Li Mou\’s transformation.

The court tried that there was an obstructive fact in this case, and the obstacles of the defendant Liu and Zhang have exceeded the scope of tolerance obligations necessary for the plaintiff Li.

The undertaking judge said that when the house is delivered, the door is opened inward. If you want to change the entrance door, you need to meet the corresponding national standards.

The \”General Principles of the Design of Civil Architecture\” stipulates that after opening the door leaf towards the evacuation aisle and the stairwell, it should not affect the evacuation width of the aisle and stairs platform. The \”Specifications for Housing Design\” stipulates that the household door that is opened out should not hinder public transportation and the opening of neighboring households. In this case, due to the closer distance of the original defendant, the distance between the public walkway was narrow, and the door was changed to the outside of the door to affect the neighbor\’s pass, which hindered the opening of the neighbor\’s door. There was a certain hidden danger.

The adjacent relationship is in accordance with the law, two or two or more neighboring owners of the real estate owner, the use of beneficiary rights, or the possessor, will give each other in terms of water, drainage, ventilation, lighting, etc. Accept the right to accept restrictions. The establishment of an adjacent relationship is to ensure the harmony between the neighboring property rights as much as possible, solve the conflict between the owners or users of the neighboring real estate or the user, and balance the interests of the neighboring parties of the real estate.

\”The Civil Code stipulates that the treatment of adjacent relationships must follow the principles of favorable production, convenience of life, unity and mutual assistance, and fairness. This requires people to adhere to the people -oriented, good -neighborly friendly, mutually beneficial and win -win situation when dealing with disputes between neighborhoods, oppose the convenience of the life of neighboring rights, and provide the help and convenience of the neighboring right holders. When a dispute occurs, the neighboring parties should maintain tolerance and restraint, and try to resolve contradictions through friendly negotiation. \”The undertaking judge said.

In this case, Li was nearly seventy years old and had higher requirements for safety. As the neighbors of the elderly, Liu and Zhang should be negative in handling adjacent relationships. Pay attention to the two defendants\’ obstacles. Effective.