Complaint About Upstairs Renovation Moving the Toilet

Complaints about upstairs renovation moving the toilet can be handled through steps such as negotiation, intervention by the property management/neighborhood committee, filing complaints with relevant departments, and taking legal action. Special circumstances can affect the outcome of the handling.

Regular Handling Steps

1. Negotiation: First, communicate with the upstairs homeowner. Clearly point out that moving the toilet may damage the building structure and affect the living experience, such as causing water leakage and noise issues, and try to resolve the problem amicably.
2. Intervention by the Property Management/Neighborhood Committee: If negotiation fails, file a complaint with the property management or neighborhood committee. The property management has the responsibility to stop behaviors that violate laws and regulations regarding property decoration, renovation, and use, and promptly report them to the relevant administrative departments. For example, Ms. Lin, the homeowner of Apartment 601, Building 55, Dongping Sanli, Xiamen, discovered that the upstairs had converted the dining room into a toilet. She contacted the property management for coordination, and the property management, together with the urban management department, arrived at the scene for inspection.
3. Filing Complaints with Relevant Departments: If the relocation of the upstairs toilet has not been approved by the planning department and affects the structural safety of the building, a complaint can be filed with the housing and construction department, requesting an investigation, restoration to the original state, and compensation for losses. This is because unauthorized renovation may violate the "Regulations on the Quality Management of Construction Projects". If the relocation causes adjacent rights and interests such as water leakage and noise to be impaired, collect evidence and report it to the relevant departments. For example, for the illegally constructed toilet in Apartment 701, Building 55, Dongping Sanli, Xiamen, the Wucun Squadron of the Siming District Urban Management and Law Enforcement Bureau issued a "Notice of Order for Rectification", requiring it to be dismantled within a time limit. After seeing no rectification, they issued a "Notice of Water and Power Cut-off" and arranged for its dismantling.
4. Legal Action: If negotiation and mediation are ineffective and the losses are clear, collect evidence and file a lawsuit in court, claiming restoration to the original state and compensation for losses. If the upstairs homeowner's relocation of the toilet violates the principle of adjacency or building regulations, the complainant has the right to request that they bear corresponding responsibilities. The legal basis mainly comes from the provisions on adjacent relations in the "Civil Code".

Impact of Special Circumstances

1. If the relocation has been approved by the planning department and the upstairs homeowner can provide renovation and transformation permit documents proving compliance with building regulations, the complainant's request for restoration to the original state may not be supported, and they can only claim compensation for actual losses.
2. If the building is in an old residential area with no clear planning restrictions and the upstairs relocation does not damage the load-bearing structure or affect adjacent rights and interests, the complaint may be difficult to advance due to a lack of legal basis.
3. If the property management fails to fulfill its management obligations and does not stop the illegal relocation of the upstairs toilet despite being aware of it, in addition to claiming responsibility from the upstairs homeowner, the complainant can also request that the property management bear joint and several liability. In this case, the handling process needs to target both the property management and the upstairs homeowner.