What are the criteria for the right to daylight for neighbors after impact?

First of all, it should be said that the Property Law has only passed the sixth review, and it is still a draft and has not yet taken effect, so the current issue of lighting can only be based on the more abstract provisions of adjacent rights in the General Principles of the Civil Law.

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation, and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated.

There is also a departmental regulation about Rizhao:

China's "National Standard Urban Residential Area Planning and Design Code of the People's Republic of China (GB50180-93)" (hereinafter referred to as the "Code") stipulates: "The sunshine standard for residential buildings in large cities is 2 hours on a cold day and 1 hour on the winter solstice, and the residential buildings for the elderly should not be lower than the standard of 2 hours of sunshine on the winter solstice; The addition of any facilities outside the original design building shall not reduce the original sunshine standard of the adjacent dwelling; The sunshine standard for new residential buildings in the project of renovating the old area can be lowered as appropriate, but it should not be lower than the standard of 1 hour of sunshine on a cold day. ”

Therefore, if it falls below the above standard, there is no doubt that the right to daylight is violated. Of course, it's a good idea to find out if there are local rules in the place where you live.

I have handled cases of the right to daylight, and generally only through appraisal can we get a scientific conclusion on whether the right to daylight is infringed, and there will be a procedure for handling the case

Since the infringement of the right to lighting is not only reflected in the infringement of property rights, but may also lead to the infringement of the rights to health, body, personality and other rights, therefore, the infringement of the right to lighting is actually a combination of multiple infringements, and the content of compensation should include: the cost of electricity and heating facilities due to the obstruction of sunlight, the cost of health compensation, the cost of visual pollution, and the depreciation of the value of the house due to the loss of lighting.

**History.

There is no legal basis for this.

You can go to the housing authority, planning bureau, etc. to learn about the other party's land use and land planning to see whether it is illegal construction, if it is illegal, you can ask the above-mentioned departments to take measures, and the department can file a lawsuit if it is inactive or dissatisfied, depending on the situation.

If the building of the adjacent household seriously affects the lighting of the party's house, the party may go to the court to sue the neighbor. Laws and regulations such as the Property Law and the General Principles of the Civil Law have clear provisions on the rights and interests of lighting, passage and drainage between adjacent houses.

The right to daylight is a type of adjacency in civil law.

1. First negotiate with the other party who infringes on their right to lighting, and ask for the elimination of the impact and the obstruction; If both parties can agree on compensation, it is the best way;

2. If there is no solution, you can go to the housing management bureau, planning bureau, etc. to learn about the other party's land use rights and land planning and use, to see whether it is illegal construction, if it is illegal, you can ask the above-mentioned departments to take measures, and the department can file a lawsuit if it is not acting or being dissatisfied, depending on the situation;

3. If there is no violation of the law, there are two options:

First, it is very difficult to file an administrative lawsuit against the fact that the planning or approval behavior of the administrative department has violated your legitimate rights and interests;

Second, you can file a civil lawsuit with the court to sue the other party for infringing on your right to lighting.

Neighborhood committees - police stations - courts - petitions.

If the right to daylight granted by the developer is lower than the standard stipulated by the state, regardless of whether the developer expressly promises it, it is a violation of the law, and the developer shall bear the liability for breach of contract unless the owner expressly approves it.

However, if the developer promises to grant the lighting right higher than the national standard but fails to meet the agreed requirements, the developer shall bear the liability for breach of contract. However, in practice, in order to avoid legal liability, real estate developers generally do not make particularly detailed agreements on the issue of real estate lighting in the contract. However, in order to attract customers to buy, they sometimes advertise a lot about such matters.

Neighborhood committees - police stations - courts - petitions.

The criteria for defining the impact on neighbors' daylighting are: 2 hours on a cold day and more than 1 hour on the winter solstice. The standard of 2 hours of sunshine on the winter solstice in residential buildings for the elderly shall not be lower than the standard.

Any facilities added to the original design building shall not reduce the original sunshine standard of the adjacent house. The sunshine standard for new residential buildings in old area renovation projects may be lowered as appropriate, but shall not be lower than the one-hour sunshine standard in cold weather. When the neighbor seals the common aisle and affects the ventilation and lighting, the owner cannot forcibly remove it, otherwise the owner will bear tort liability.

However, the owner can take the following measures to protect his own rights and interests: 1. He can negotiate with his neighbors and request that the illegal building be demolished and restored to its original state. 2. If the negotiation fails, you can complain to the property committee or the owners' general meeting and ask the neighbor to demolish the illegal building.

3. If the problem is still not solved, a civil lawsuit may be filed with the court to protect rights and interests. Usually, if the court considers that the neighbor has indeed violated the relevant rights and interests, the neighbor will be required to restore the original state, and if the neighbor refuses to demolish, the court will compel the demolition in accordance with the law.

Infringement is an act that infringes on the rights or interests of another person. It includes general torts and special torts, the former refers to acts in which the actor directly causes damage to others based on his fault, and therefore applies the general liability provisions of the civil law; The latter refers to the act for which the perpetrator is not at fault, but is liable under the special liability provisions of the civil law or the special civil law.

Legal basis] Civil Code of the People's Republic of China

Article 118:Civil entities enjoy creditor's rights in accordance with law.

A creditor's right is the right of the obligee to request a specific obligor to do or not to do a certain act due to contract, tort, management without cause, unjust enrichment and other provisions of the law. Article 119:Contracts established in accordance with law are legally binding on the parties. Article 120:Where civil rights and interests are infringed upon, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. Article 186:Where the personal rights and interests or property rights and interests of the other party are harmed due to a party's breach of contract, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Article 1169:Those who instigate or assist others in committing tortious acts shall bear joint and several liability with the perpetrators.

Those who instigate or assist persons with no or limited capacity for civil conduct to commit tortious acts shall bear tort liability; Where the guardian of a person with no or limited capacity for civil conduct fails to perform his guardianship duties, he shall bear corresponding responsibility.

Whether it is a potato failure and illegal construction depends on whether it has been approved, and after approval, Chi Qin's legal construction, and without approval, it is an illegal construction. As for lighting, as long as it meets the national lighting requirements, there is no problem with this.