【Commentary】Recently, the incident of a tenant of a residential building in Harbin privately demolishing the load-bearing wall, resulting in the evacuation and resettlement of the entire building, has aroused widespread concern. How to repair a smashed load-bearing wall? How to compensate the owner for the loss?
【Explanation】As we all know, the load-bearing wall refers to the wall that supports the weight of the upper floor, is the "backbone" that supports the building, and cannot be changed at will when decorating the house.
【During the same period】Zhang Sheng, chairman of Beijing Construction Engineering Quality No. 2 Testing Institute Co., Ltd
The load-bearing wall is a part of the load-bearing structure, which refers to the systematic transmission of its own weight and external forces to the foundation and infrastructure components and the connections related to it. Damage to structural components, including load-bearing walls, can affect the safety of the structure, put the entire building at risk, and seriously lead to collapse.
(whether it is a load-bearing wall) needs professional personnel to judge according to the original drawings, and no drawings can be tested and identified by a professional appraisal agency to confirm its force system and force transmission path to confirm which are the load-bearing components.
【Commentary】In this incident, the construction personnel used large equipment such as hook machines and forklifts to carry out demolition operations, and randomly demolished and damaged the load-bearing structure of the house. According to netizens, the construction work caused different degrees of wall cracking on the 4th to 21st floors of the building.
Lawyer Guo Xiaoming believes that if the load-bearing wall is dismantled privately, the tenant and the decoration company need to bear the corresponding liability for damages. If the circumstances and consequences are serious, they may also be suspected of endangering public safety by dangerous methods and bear criminal responsibility. In addition, the property may also be subject to corresponding responsibilities.
【During the same period】Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The first is civil liability. Unauthorized demolition of the load-bearing wall, resulting in the damage of the building, the entire building being evacuated and relocated, resulting in losses suffered by the owner of the residential building, shall bear the direct loss costs such as the repair and reinforcement of the building, as well as the loss of the owner's inability to live and live normally due to evacuation and resettlement, etc. If the property does not remind and stop the demolition of the load-bearing wall, and fails to fulfill its management and safety obligations, it should also bear the corresponding responsibility. The second is the liability for administrative violations. Third, such conduct endangers public safety, and may also be suspected of the crime of negligent endangering public security, and criminal responsibility can be pursued according to law.
One of the reasons why this incident has aroused social concern is the possible sky-high price loss. It is estimated that the accident construction is based on 200 houses, with an average original purchase price of 80,1 yuan per unit, and if the full compensation is made, the total compensation will reach 6 million yuan.
【During the same period】Guo Xiaoming, lawyer of Shanghai Zhonglian (Chengdu) Law Firm
The specific loss can be combined with the repair and reinforcement of the building, the repair of the owner's indoor damage, and the owner's increased living costs due to the loss of the building, if the loss compensation cannot be reached by consensus, or the responsible parties do not have the ability to compensate, a civil lawsuit can be filed with the people's court, the court will determine the liability for compensation, and then solve the subsequent compensation problem through enforcement.
【Explanation】Talking about what reinforcement methods are for the house, Zhang Sheng introduced that the commonly used reinforcement methods include the enlarged section method, the sticking steel method, the outsourcing steel method, the prestressed reinforcement method, the jacket reinforcement method, etc., and what kind of reinforcement needs to be determined according to the appraisal report.
【During the same period】Zhang Sheng, chairman of Beijing Construction Engineering Quality No. 2 Testing Institute Co., Ltd
After a wall is demolished, the load on this wall must be transmitted to other walls, and the wall next to it may be subjected to 60% of its own resistance, and now it may reach 70% or 80%, then it must be redistributed. Now it should first be identified, monitored at the same time, and later determined by the corresponding reinforcement and transformation plan according to its identification report.
Reporter Liu Chao reported from Beijing
Responsible Editor: [Luo Pan]