Law

Who will compensate for the illegal demolition and alteration of load-bearing walls during decoration?

2025-04-16   

Ms. Li, a citizen, did not expect that she would have trouble decorating an open kitchen for her new house. Previously, in order to renovate her new house, Ms. Li signed a "Residential Decoration and Renovation Project Construction Contract" with a certain decoration company, agreeing that the decoration company would provide construction drawings such as design details and floor plans. The decoration company fulfills the contract as agreed. We started construction according to the drawings of the decoration company, who would have thought that the load-bearing wall would be damaged Upon receiving the "Notice of Rectification Order" from the Chaoyang District Housing and Urban Rural Development Commission of Beijing, Ms. Li felt very aggrieved. "It cost 90000 yuan to reinforce the load-bearing wall, but due to the delay in the construction period, we were unable to move on time and had to rent a few more months' house, which cost us a lot of money." Unable to reach an agreement with the decoration company, Ms. Li sued the decoration company and demanded compensation of over 110000 yuan for the cost of reinforcing the load-bearing wall, breach of contract for project delay, and rental losses. The case was concluded in the first instance by Chaoyang District People's Court of Beijing and the second instance by Beijing Third Intermediate People's Court. After the trial, the Beijing Third Intermediate People's Court held that the defendant, a certain decoration company, as a professional decoration institution responsible for providing design drawings, should have understood the overall structure of the house before design. Especially when it comes to dismantling walls, attention should be paid to the issue of load-bearing structures. However, in this case, the decoration company did not provide sufficient evidence to prove that it had diligently understood the overall structure of the house, nor did it fulfill its obligation to remind the owner. Therefore, it should bear corresponding compensation liability for the losses caused by the damage to the load-bearing wall. On the other hand, although Ms. Li is not a professional, she should fulfill her duty of care when there are structural changes involved in the decoration process, and inquire about the relevant situation from the property management. Ms. Li also has faults. Taking into account the fault situations of both parties, the court divided the compensation liability according to the principle of fairness, and determined that the decoration company should bear 80% of the compensation liability, while Ms. Li should bear 20% of the liability on her own. Article 6 of the Civil Code stipulates that when civil subjects engage in civil activities, they shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. This is the basis for us to apply the principle of fairness in the division of responsibilities, "explained the presiding judge Zhang Wei. Quan Yiying, the chief judge of the Civil Third Division of the Third Intermediate People's Court of Beijing, said: "Decoration and renovation enterprises should strictly abide by relevant regulations, and shall not issue unauthorized design plans such as dismantling or modifying load-bearing walls. They should fully remind and explain the relevant risks to the owners. If the main body and load-bearing structure of the building are changed due to violations, both parties may bear responsibility

Edit:Ou Xiaoling Responsible editor:Shu Hua

Source:People Net

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Recommended Reading Change it

Links