About the right to daylight 20, about the right to daylight

First of all, I would like to introduce you to the "right to daylight". The right to daylight is stipulated in the "adjacent relationship" in the General Principles of the Civil Law, and the right to daylight is stipulated in the "adjacent right" in the Property Law, which generally requires that the issue of the right to daylight between neighbors be dealt with in accordance with the principle of solidarity and mutual assistance, but the right to daylight of the other party should be respected by each other. If your building does have a serious shading effect on your neighbor's yard, then the other party has reason to ask you to satisfy his right to light.

But if it is only slightly affected, then the other party has a certain obligation to tolerate and cannot stop you.

Secondly, as for the "easement", it is stipulated in the Property Law, which is a usufructuary right, which is obtained by signing an easement contract between the two parties. It means using or restricting other people's real estate to increase the value of one's own real estate. For example, Party A needs to repair the passage on Party B's ground, and the contract of Party A and Party B stipulates that Party A can repair the passage but must pay Party B a fee.

This is an easement, and you must not defend it with an easement.

Third, if the other party insists that your family retreat two meters, then he can ask to sign an easement contract with you, pay you, and agree that you will not build high-rise buildings for a certain period of time.

As long as your own foundation is not out of range, you can do it! The right to light is those buildings that are more than a dozen stories high, don't worry about him.

You can go to court and sue. Apply for an easement, give compensation.

1. According to Article 89 of the Property Law of the People's Republic of China, the provisions of ventilation, lighting and sunshine.

The construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings.

2. The so-called right to lighting usually refers to the right of the owner or user of the house to obtain a moderate light source from the outside, which is larger than the scope of sunlight.

The relevant provisions of the right to light are: 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, which is the 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 the winter solstice.

1. Whether it is legal to change residential housing into non-residential housing without authorization.

It is not in accordance with the law to convert a residential property into a non-residential property, such as a business premises, without authorization.

According to Article 272 of the Civil Code, which came into effect in 2021, owners have the right to occupy, use, benefit and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

Article 279 stipulates that the owner shall not violate the laws, regulations and management regulations by changing the dwelling into a commercial building. In addition to complying with laws, regulations and management regulations, it shall be unanimously agreed by interested owners.

2. What should I do if the owner transfers the rights of the common part.

The owner transfers the premises and the business premises in the building, and transfers the co-ownership and co-management rights enjoyed by the common part. The common part other than the exclusive part of the owner usually refers to the part other than the exclusive part of the building, such as residential and commercial housing, including corridors, stairs, aisles, elevators, exterior walls, water tanks, water and electricity pipes, etc., as well as public places such as property management houses, green spaces, Daohong Losing Silver Road, and public facilities jointly used by the owners, except as otherwise provided by law.

3. What are the regulations for converting private houses into shops?

The regulations for converting private houses into shops are as follows:

1. Meet the requirements of housing safety and urban planning;

2. Residential buildings on the ground floor along the street;

3. It will not affect the use of adjacent houses, nor will it affect the protection of cultural relics and excellent modern buildings;

4. It will not cause difficulties in living and using;

5. There must be a written consent certificate from the user, the adjacent owners and the owners' committee, and if the residence is converted to a catering and entertainment business, the written consent certificate of all the owners or users of the house must also be submitted; For banquets that are converted to other purposes, the written consent of the adjacent owners, owners, or users must also be submitted;

6. If the lessee requests to change the nature of residential use, it is necessary to obtain the written consent of the lessor.

Article 288 of the Civil Code of the People's Republic of China.

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.

Article 293.

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.

Article 294.

Holders of immovable property rights must not dispose of solid wastes in violation of state regulations, and discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, optical radiation, and electromagnetic radiation.

The so-called right to lighting usually means that the owner or user of the house has the right to obtain a moderate light source from the outside, which is larger than the range of sunlight, and the construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings. From the perspective of the rights protection entity, the housing developer, the house owner before the house **, or the buyer who has not obtained the real estate certificate but has completed the payment, and the tenant of the house can be used as the subject of the rights protection of the lighting right. Whether two buildings belong to the same project is not the basis for determining whether infringement is constituted.

However, where two buildings are under construction at the same time or a building that has already had a shading effect when the owner purchased 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 such a situation at the time of occupancy.

Civil Code of the People's Republic of China

Article 990:Personality rights are rights enjoyed by civil subjects, such as the rights to life, body, health, name, name, portraiture, reputation, honor, and privacy. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 995:Where personality rights are infringed upon, the victim has the right to request that the perpetrator bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.

1. Article 288 of the Civil Code: 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.

2. Article 40 of the Urban Planning Law of the People's Republic of China stipulates that in the urban planning area, if the construction project planning permit is not obtained or the construction project planning permit is carried out in violation of the provisions of the construction project planning permit, the urban planning administrative department of the local people's ** city planning at or above the county level shall order the construction to be stopped, demolished or confiscated within a time limit; If corrective measures can still be taken if it affects urban planning, the competent department of urban planning of the local people's ** at or above the county level shall order it to make corrections within a time limit and impose a fine.

3. Article 97 103 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Law (for Trial Implementation) stipulates the interception, drainage, passage and risk prevention of adjacent land arising from the use of adjacent land. However, there is no separate provision for daylighting.

1. What are the regulations on the distance of the house's lighting right?

There is also a departmental regulation on 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 that 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 of new residential buildings in the old area renovation project can be lowered as appropriate, but the ridge should not be lower than the standard of 1 hour of sunshine on a cold day.

Therefore, if it is lower than the above standard, the right to light is undoubtedly violated Of course, it is best to know whether there are local regulations in the place where you live The sunshine standard of the residence is not less than the standard of 1 hour of sunshine on a cold day, and the renovation of the old house can be reduced as appropriate. When there are more than 4 living spaces in a dwelling, two of them should receive sunlight. The lowest value of the lighting coefficient in the bedroom and living room shall not be less than 1, and the ratio of the area of the window to the ground shall be 1 to 7.

The height of the upper edge of the window from the ground should not be less than 2 meters. If it really affects your lighting, you can negotiate with him and sue in court if necessary.

2. What is the right to daylight?

The so-called right to daylight usually refers to the right of the owner or user of the house to obtain a moderate light source from the outside, which is larger than the range of sunlight.

The height of the indoor space of the house should not be less than meters, and the distance between each building should not be less than the height of the building multiplied by the coefficient. According to national regulations (design specifications), the sunshine time of the winter solstice is not less than 1 hour (the lowest window of the house) as the standard. The spacing is the height from the exterior of the building to the cornice of the house, and the angle of the sun at noon on the winter solstice.

It can also be calculated as: building height: building spacing = ratio.

It is advisable to search for neighbouring rights, which are detailed in this regard.