What is the compensation standard for the shade of the land?

Updated on society 2024-05-01
9 answers
  1. Anonymous users2024-02-08

    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.

    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. ”

  2. Anonymous users2024-02-07

    If the land is shady, the compensation standard, on the actual situation, ** tea lord and your land generated value, compensation.

  3. Anonymous users2024-02-06

    The compensation standard for land is calculated on a per-square basis, and you can go to your local land office for advice.

  4. Anonymous users2024-02-05

    Compensation standards for land shading. There are many details of such a standard that need to be looked at the relevant policies.

  5. Anonymous users2024-02-04

    Hello, there doesn't seem to be this compensation standard for land shading, and I don't know this specifically, and I don't seem to particularly understand it.

  6. Anonymous users2024-02-03

    If you pay for a shot, it depends on where you are, and the ** in each place is different, some are cheap and some are expensive.

  7. Anonymous users2024-02-02

    If a building designed according to the overall urban plan affects the lighting of the adjacent party, it is necessary to allow the construction, but the building party shall solve the heating, lighting, housing exchange or economic compensation for the other party. If economic compensation is given, the compensation standard is calculated based on the living area of the affected building, and a one-time compensation of 100-200 yuan per square meter is given. China's "National Standard Urban Residential Area Planning and Design Code of the People's Republic of China (GB50180-93)" stipulates:

    The specific formula can be expressed as: n yuan square meters hours total number of square meters of damage to the house number of hours per day total number of days of damage + one-time moral damage compensation = total compensation. Of course, the determination of the compensation base and the calculation of the specific value should be carried out by professionals.

    The above is the relevant content of the compensation standard for house shading introduced to you by the legal network. Therefore, when we buy a house, we must take a look at it in different time periods, not only the house itself, but also the surrounding environment and buildings of the house, which may have a certain impact on the house itself. The lighting of the building should ensure that the sunshine time of the full window at noon on the winter solstice 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.

    Further information: Article 288:The owners of adjacent rights to 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. Article 294:Holders of immovable property rights must not dispose of solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, soil pollutants, noise, optical radiation, and electromagnetic radiation.

    Article 295:The owner of immovable property rights shall not endanger the safety of adjacent immovable property by excavating land, constructing buildings, laying pipelines, installing equipment, etc.

    Legal basis: Article 293 of the Civil Code of the People's Republic of China shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.

  8. Anonymous users2024-02-01

    Legal analysis: The shading compensation of the building for the cultivated land is calculated according to the proportion of the height of the building. Where the owner of the immovable property rights uses the adjacent immovable property for the purposes of water use, drainage, passage, laying pipelines, etc., it shall try its best to avoid causing damage to the adjacent immovable property rights holders; Where damage is caused, compensation shall be given.

    Legal basis: "Land Management Law of the People's Republic of China" Article 2 The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of the working people.

    Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state.

    No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.

    The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation.

    The State implements a system of paid use of state-owned land in accordance with the law. However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

  9. Anonymous users2024-01-31

    Legal analysis: The compensation standard for land expropriation in each place is different, and the specific compensation standard is formulated by the local government in combination with the local economic level, land nature and other factors. In judicial practice, the party whose right to daylight has been infringed may claim compensation from the other party for the following items:

    Electricity costs due to sunlight obstruction, increased heating costs, health loss costs, visual pollution, and depreciation of the value of houses due to daylighting. A's legal service team B's answer is for you.

    Legal basis: "Land Management Law of the People's Republic of China" Article 48 Fair and reasonable compensation shall be given for land expropriation to ensure that the original living standards of land-expropriated farmers are not reduced and their long-term livelihoods are guaranteed. Land expropriation shall, in accordance with the law, timely and full payment of land compensation, resettlement subsidies and compensation for rural villagers' houses, other above-ground attachments and seedlings, and arrange social security expenses for land-expropriated farmers.

    The standards for land compensation and resettlement subsidies for the expropriation of agricultural land shall be determined by the provinces, autonomous regions and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for the districts. The formulation of comprehensive land prices for areas shall comprehensively consider factors such as the original use of land, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development level, and shall be adjusted or re-published at least once every three years. The compensation standards for expropriation of land other than agricultural land, above-ground attachments and seedlings shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

    Above-ground attachments and seedlings need to be appraised and compensated according to the assessed value.

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