What should I do if my neighbor cooks on the balcony and affects the lives of others?

Updated on Balcony 2024-07-25
1 answers
  1. Anonymous users2024-01-24

    Recently, Zhang's family was engaged in decoration, and the construction during the day produced a lot of noise that affected the lives of the neighbors, but everyone thought that everyone would encounter this, so they didn't say anything. Unexpectedly, Zhang later "moved" the kitchen to the balcony, and when stir-frying and cooking, the smell of oil smoke spread to my house along the wind. So, I went to Zhang to negotiate the matter, Zhang not only didn't listen, but also quarreled with me, and picked up an iron rod and injured me, what should I do now?

    Answer: First of all, it is wrong for Zhang to cook on the balcony, according to Article 5, Paragraph 2 of the Ministry of Construction's "Administrative Measures for Residential Interior Decoration", it is forbidden to change the room or balcony without waterproof requirements into a bathroom and kitchen room for residential interior decoration activities. When Zhang was decorating, he could not change the balcony into a kitchen for cooking and stir-frying.

    According to Article 83 of the General Principles of the Civil Law, the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of water interception, drainage, passage, ventilation and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. Therefore, you should handle disputes between you in accordance with the principles of convenience and fairness.

    Second, Zhang should be liable for the personal injuries suffered by you. When you negotiated the dispute, instead of listening to you, he fought and injured you with an iron rod. According to Article 83 and Article 119 of the General Principles of the Civil Law, if a citizen infringes upon his or her body and causes injury, he shall be compensated for medical expenses, income lost due to lost work, living allowance for the disabled, and other expenses; Zhang should apologize to you and compensate you for the medical expenses, lost work expenses and other expenses incurred by you due to your injury.

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