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According to the relevant administrative regulations on building planning, there is a proportion between the height and the spacing between the buildings, if the height of the two high-rise buildings exceeds the relevant regulations, you can apply to the Planning Commission and the Construction Committee for administrative reconsideration, if it is over-planned, you can report it, and at the same time infringe on your right to daylight, you can claim compensation according to the General Principles of the Civil Law.
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Civil Disputes·· Self-mediation. At most, too, to help mediate...
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There is no limit to the height... The distance between the rooms is generally about 30 meters, and at least an hour of sunshine to your house at noon in winter is not considered a violation of your right to light, and even if he infringes on your right to light, this kind of incident will give you a certain amount of compensation or mediation at most, and there is no way to solve it fundamentally
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Belch. I'm the landlord. I would like you to be more detailed.
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You can find out if your right to sunshine has been violated. According to the relevant building codes in China, the height of the building shall not block the sunlight of adjacent buildings, and generally the sunlight shall not be less than 2 hours on a cold day. In case of violation, both civil and administrative proceedings may be filed to revoke the planning permission.
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My house is on the 3rd floor, the 2nd floor of the south is a commercial shop, and the 2nd floor of the developer has built a file wall, the wall is about one meter high, less than 2 meters away from my balcony, and it is seriously shaded to the line of sight, may I ask if this building is legal, what should I do?
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High-rise buildings affect the lighting of residents, how to deal with it.
Hello, 1. Urban and rural buildings should meet the planning requirements, make reasonable use of land, facilitate production, facilitate life, and shall not affect the lighting of adjacent parties. 2. The lighting of the building should ensure that the sunshine time of the full window at noon on the winter solstice day is not less than one hour, or the cumulative effective sunshine time of the whole day is not less than two hours. The determination of sunshine time should be measured on the winter solstice or entrusted to the relevant departments to carry out measurement and appraisal.
If the bottom edge of the window of the blocked building should be more than one meter from the ground, and its area is greater than the prescribed standard (one-seventh of the indoor area), it shall be calculated according to the prescribed standard. 3. If the house is renovated early according to the lack of the original foundation and affects the lighting of the adjacent party, or the blocked building is built after the completion of the blocked building, it shall not be found to be an infringement. 4. If the blocked building is an illegal building, its lighting request will not be protected; If the shelter is an illegal building, it shall not be built, and the one that has been built shall be demolished.
5. Buildings designed according to the overall urban plan shall be allowed to be built if they affect the lighting of adjacent parties. However, the builder shall provide heating, lighting, housing exchange or financial compensation for the other party. If economic compensation is given, the compensation standard shall be calculated based on the living area of the affected building, and a one-time compensation of 100 yuan to 200 yuan per square meter; Where the buildings that are blocked or are included in the scope of demolition, compensation shall be made as appropriate.
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1. What is the lighting of a building?
Building lighting refers to the design of the size of doors and windows and the structure of the building so that the interior of the building can get the appropriate light.
Lighting can be divided into direct lighting and indirect lighting, direct lighting refers to the direct opening of lighting windows; Indirect lighting refers to the opening of the hall, kitchen, etc., where the windows are facing the closed corridor (generally the verandah), and the hall, kitchen, etc., and some kitchens, halls, and bathrooms use small patio lighting, and the lighting effect is like indirect lighting.
The right to daylight usually refers to the right of the owner or user of the house to obtain a moderate source of light from the outside, which is larger than the scope of sunlight.
Second, what to do with the developer's lighting fraud.
If the developer deliberately conceals the planning of the location of the house or fabricates some important factors that affect the purchase of the house in order to deceive the purchaser into signing the house sale and purchase contract, it is a contract concluded due to fraud, and it is a contract that can be changed and revoked in the contract law. However, it should be noted that if the owner with the right of revocation does not exercise the right of revocation within one year from the date on which he knew or should have known the reasons for revocation, the right of revocation of the contract shall be automatically extinguished. If the owner wants to prove that the developer has committed fraud on the lighting rights, he should deliberately conceal the fact that the developer knows that the lighting of the houses in question in the planning area will be affected, or fabricate the fact that the lighting rights are not affected.
3. How to protect rights if the right to lighting is violated.
From the perspective of the subject of rights protection, the developer of the house, the owner of the house before the house **, or the buyer and tenant of the house who have not obtained the real estate certificate but suspect that the payment has been completed quickly, can be used as the subject of the rights protection of the right to daylight.
It should be noted here that whether or not the infringing building has been approved by the administrative department is not a legal requirement for determining the location and height of the building constitutes an infringement of the owner's right to daylight. The substantial impact on the owner's daylighting is the key to the owner's infringement of the right to daylight. The determination of infringement of the right to daylight is often due to the issue of professional knowledge, which requires professional appraisal.
Whether two buildings belong to the same project is not the basis for determining whether infringement is constituted. However, in the case of two buildings that are under construction at the same time or a building that has already produced a shading effect when the owner purchases the building in question, the blocking of sunlight from one building to the other cannot constitute an infringement of the right to daylight, because the owner knew or should have known about the existence of the situation at the time of moving in.
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1. What are the legal provisions on the right to lighting in a house?
1) Article 293 of the Civil Code stipulates that the construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.
2) Article 288 of the Civil Code stipulates that the adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.
3) The "Code for Planning and Design of National Standard Urban Residential Areas of the People's Republic of China" stipulates: "The sunshine standard for residential buildings in large cities is greater than or equal to 2 hours on a cold day and greater than or equal to 1 hour on a winter solstice day, 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 should not reduce the adjacent existing sunshine standards; The sunshine standard for new residential buildings in the renovation of old areas can be lowered as appropriate, but it should not be lower than the standard of sunshine time 1 on a cold day. This criterion should be the main basis for judging whether a dispute over the right to daylight constitutes an infringement.
2. Whether the developer is responsible for the problem of lighting in the house
If there is a problem with the lighting of the house, the developer needs to be held responsible. The right to light refers to the right of the owner or user of the house to obtain a moderate light source from the outside, and is a right attached to the building. The right to daylight in a residential building is inviolable, and the substantial impact on the owner's daylighting is the key to the owner's infringement of the right to daylight.
The standard of sunshine for residential buildings in large cities is 2 hours on a cold day and 1 hour on a winter solstice, and the residential buildings for the elderly should not be lower than the standard of 2 hours of sunshine on a winter solstice.
3. How to maintain the right to lighting in buildings
1) In order to effectively protect the legitimate rights and interests of residents and prevent the project construction unit from delaying compensation for the households that were not affected in the simulation demonstration and were indeed affected after the completion of the project, the project construction unit can pay a certain amount of deposit, and the relevant departments or resident representatives and the relevant departments of the government or Huifu jointly set up a special account to manage the deposit, and after the completion of the project, reasonable compensation will be made according to the results of on-site measurement. In addition to direct monetary compensation, the construction unit or development enterprise can also repurchase the residential houses affected by daylighting, or resettle them through replacement;
2) Where the cumulative sunshine hours of residential sunshine are less than 3 hours from 8 a.m. to 16 p.m. on cold days due to the construction of the project, the project construction unit and residents shall be compensated by the project construction unit and residents according to the degree of daylighting impact, and if the sunshine hours are not less than 3 hours from 8 a.m. to 16 p.m. on cold days, no compensation will be made. Any dispute arising from the construction of the project affecting the lighting of the surrounding residents' residences shall be resolved through negotiation between the project construction unit and the residents, and if no agreement is reached, a lawsuit may be filed with the people's court.
The above is to give you a detailed introduction to the relevant knowledge of the legal provisions on the right to lighting in the house, I believe that through the reading of the whole article, you have a preliminary understanding of the right to lighting in the house, if you have other legal questions, welcome to consult, we will have a professional lawyer to answer your doubts.
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High-rise buildings affect the lighting of residents, how to deal with it.
Hello dear kiss, very proud pants macro leakage luck to serve you, for you to find the following information: high-rise buildings affect the lighting of residents, you can consider the following several treatment methods: 1
In the design of the building, the design of natural lighting should be as efficient as possible, and appropriate sunshades should be installed on the balcony or windows of the building, such as blinds and sunshades. 2.The lighting problem can be solved by building efficient artificial lighting systems, such as skylights and lighting wells.
3.In addition, it is also possible to reduce the impact on the daylighting of residents around Hu Rot by adjusting the building density, height, orientation and other parameters. 4.
Finally, if the above methods cannot solve the problem, you can consider setting up reflective materials or green belts on the exterior wall of the building to increase the reflected light of the surrounding environment and the oxygen supply of green plants, and improve the living comfort.
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The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. The parties to these three types of liability have the right to assert their claims, and the people's courts also have the right to make judgments on their application.
The court hearing the case shall decide which liability to apply in the light of the evidence adduced by the parties and the circumstances of the case.
High-rise buildings affect the lighting of residents, how to deal with it.
There are multiple standards for compensation for insufficient sunlight in buildings, and there is no bias to refer to the standard in similar cases. According to Article 288 of the Civil Code of the People's Republic of China, the adjacent rights holder of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.
Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. The parties to these three types of liability have the right to assert their claims, and the people's escort courts also have the right to make judgments and apply them. The court hearing the case shall decide which duty to apply in light of the evidence adduced by the parties and the specific circumstances of the case.
Go and ask for some compensation.
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