How to deal with the noise disturbing residents outside the air conditioner? Jiangsu Consumer Protection Commission also "quiet" to the people

iangnan times (reporter Yin Dandan) in 2019, Mr. Wang, a consumer, bought a hardbound model house in a real estate in Nanjing. The house is located on the second floor above the lobby of the property gatehouse. Later, the real estate company installed a large central air conditioner, and the external machine was facing the south facing room of Mr. Wang's house. The noise during operation was large, which made Mr. Wang's house unable to open the window normally, which was unbearable. After more than a year, Mr. Wang contacted the real estate company and other departments for many times, and the staff of the real estate company promised that they would not follow after moving the machine. In July 2020, Mr. Wang complained to Jiangsu Consumer Protection Commission and asked to move the machine as soon as possible.

After receiving the complaint, the Provincial Consumer Protection Commission contacted the staff of the real estate company. The staff said that the air conditioner was installed by the real estate company. After they promised to move the machine, they failed to apply to the company. At present, the right to use the air conditioner has been handed over to the property company.

Then the Provincial Consumer Protection Commission contacted the property company. In the face of Mr. Wang's request for relocation, the property said it was powerless due to the restrictions of the on-site environment. If you simply give up using the air conditioner, Mr. Wang's problem will be solved, but it will affect other owners, and it is not a fundamental solution to the problem. The property hall is not only the only way to get in and out of the community, but also a place to provide business consultation, express mail, temporary rest and other services for the owners.

The Provincial Consumer Protection Commission invited the person in charge of the property to the site for careful investigation. After research, it was found that there is a hidden space in the green belt that can place external machines without affecting other owners. The person in charge of the property said that he would apply to the company for relocation as soon as possible and give Mr. Wang a quiet space. At present, the relocation of the external machine has been completed.

When the owner or user of adjacent real estate exercises his own ownership or use right, he shall take the principle of not damaging the legitimate rights and interests of other neighbors. According to Article 84 of China's property law, "the neighboring obligees of real estate shall correctly handle the neighboring relationship in accordance with the principles of being conducive to production, facilitating life, solidarity and mutual assistance, fairness and rationality." Article 90 stipulates: "the obligee of a real estate shall not dispose of solid waste and discharge harmful substances such as air pollutants, water pollutants, noise, light and electromagnetic radiation in violation of state regulations. While exercising their rights, the neighbors of a real estate shall not infringe upon the legitimate rights and interests of others." In this case, the external unit of the air conditioner installed by the real estate company faces the window of the consumer's home, resulting in noise when the air conditioner is turned on, which infringes on the legitimate rights and interests of consumers. As the owner of the current use right of air conditioner, the property company needs to bear relevant responsibilities.