Is It Illegal to Move the Toilet in a Building?

Whether moving the toilet in a building is illegal depends on the specific circumstances. Generally, if it is done without permission and violates relevant regulations, it may constitute an illegal act.

Possibility of Violating the 'Measures for the Administration of Interior Decoration of Residential Buildings'

• Altering the Building's Main Structure or Load-Bearing Components: If moving the toilet involves altering the building's main structure or load-bearing components, such as removing load-bearing walls or changing the building's structural layout, and no design plan has been proposed by the original design unit or a design unit with the corresponding qualification level, it violates Article 5, Item 1 of the 'Measures for the Administration of Interior Decoration of Residential Buildings (Revised in 2011)'. This may result in an order to make corrections and a fine imposed by the real estate administrative authority.
• Changing the Room's Waterproofing Requirements: If the toilet was originally located in a room with waterproofing requirements, and after being moved, it is placed in a room or balcony without such requirements without corresponding waterproofing treatment, it may violate the prohibitive provision in Article 5, Item 2 of the 'Measures for the Administration of Interior Decoration of Residential Buildings (Revised in 2011)' regarding 'converting a room or balcony without waterproofing requirements into a toilet or kitchen'. This may also result in punishment by the real estate administrative authority.

Possibility of Violating the Adjacent Relationship Provisions in the 'Civil Code'

• Affecting Adjacent Relationships: According to Article 288 of the 'Civil Code of the People's Republic of China', if the upstairs resident's unauthorized moving of the toilet seriously affects the life of the downstairs resident, such as causing noise, odors, or leakage, it may violate the principles for handling adjacent relationships mentioned above.
• Liability for Damages: According to Article 296 of the 'Civil Code of the People's Republic of China', if the upstairs resident's moving of the toilet causes damages to the downstairs resident, the downstairs resident has the right to request the upstairs resident to assume civil liabilities such as ceasing the infringement, removing the obstruction, and compensating for losses.

Other Possible Illegal Situations

• Violating Property Management Regulations: If the property management regulations of the residential community explicitly prohibit unauthorized changes to the building's structure or use, the upstairs resident's unauthorized moving of the toilet may violate the property management regulations.
• Constituting a Criminal Offense: In extreme cases, if the upstairs resident's unauthorized moving of the toilet leads to serious consequences, such as threatening the structural safety of the entire building or causing significant property losses to the downstairs resident, it may constitute a criminal offense such as the crime of intentionally destroying public or private property.

Legal Situation

If permission has been obtained from neighbors and the property management, and proper measures have been taken for sewage disposal and waterproofing, this situation is not illegal.