Mobile Toilet on the Third-Floor Rooftop

Setting up a mobile toilet on the rooftop of the third floor constitutes an illegal construction activity. Detailed analysis is as follows:

I. Legal Attributes of the Rooftop Terrace
According to Article 271 of the Civil Code of the People's Republic of China, roads, green spaces, and other public areas, public facilities, and property service rooms within the building area belong to the co-owners. As a public area shared by all homeowners in the residential community, the rooftop terrace must be used in accordance with the principle of joint decision-making by all homeowners. Individuals have no right to occupy or modify it without authorization.

II. Basis for Determining Illegal Construction

1. Planning Approval Requirements: According to Article 40, Paragraph 1 of the Urban and Rural Planning Law of the People's Republic of China, any construction activity must obtain a construction project planning permit. In the case, residents of a residential community in Jinshan District who built a sunroom and a mobile toilet on the rooftop were directly identified as engaging in illegal construction without obtaining any approval.
2. Restrictions on the Use of Public Areas: Although mobile toilets are suitable for public places such as train stations and construction sites, the rooftop terrace, as a shared space, must meet planning requirements such as fire safety and structural load-bearing capacity when being modified. Unauthorized facilities may damage the building structure and pose a threat to public safety.

III. Legal Consequences and Case References
Illegal construction activities may face administrative penalties, including orders to dismantle within a specified time limit and fines. In the Jinshan District case, the law enforcement department, in accordance with Article 64 of the Urban and Rural Planning Law, made a decision to forcibly dismantle the structures and required restoration to the original state. Even if the mobile toilet is a temporary facility, it still falls within the scope of illegal construction if it has not been approved through planning procedures.

IV. Compliance Recommendations
If functional facilities need to be installed on the rooftop, it should be approved by a homeowners' meeting and a construction project planning permit should be applied for in accordance with the law. For example, some residential communities have legally installed solar energy equipment or green areas on the rooftop, meeting both needs and legal requirements. Unauthorized actions may lead to legal disputes and financial losses.