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He violated your neighboring rights. Chapter VII of the Property Law, Article 89 The construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings. You have the right to demand that the effects be removed, that the nuisance be removed, and that the status quo ante be restored.
Negotiate with him first, tell him that this is a tort, or find someone who knows him well and understands the matter, talk to him well, and then go to justice, after all, they are all neighbors, and if they can solve it peacefully, it will be resolved peacefully, and if the civil dispute lawsuit is also very slow, it will be winter
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There are provisions on neighboring rights in the Property Law, and there are also provisions on such rights in the General Principles of Civil Law.
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Check with your local housing authority.
Interim Regulations on the Spacing of Forelimbs in Beijing Living and Residential Buildings (Revised in 2007) Article 10 When the Hunger Forest panel building blocks the sunlight of office buildings, collective dormitories, guest houses, hotels and other buildings, except for the circumstances specified in Article 11, the building spacing coefficient shall not be less than 1 3.
When the tower building blocks the sunlight of the buildings listed in the preceding paragraph, it shall be carried out in accordance with the provisions of Articles 6 and 7 on the spacing of residential buildings.
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Zongheng Legal Network-Hubei Xieli Law Firm-Lawyer Hong Changhua.
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Repairing the house to block the sunlight of the western neighbor is a tortious act, and the western neighbor has the right to demand the removal of the obstruction and compensation for losses.
Article 83 of the General Principles of the Civil Law The adjacent parties to immovable property shall, in accordance with the spirit of conducive to production, convenience of 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.
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This is a question of neighbouring rights, and if your home is repaired to block the sunlight of your western neighbor, it may be infringing on your western neighbor's right to light.
Your house building license is complete (construction land planning permit, construction (engineering) planning permit, construction permit), and it should not be a big problem to strictly follow the planning and construction, do not increase the height and width without authorization, and do not exceed the red line.
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When constructing a building, the neighbor shall keep a certain distance from the neighbor's building, and shall not violate the relevant construction standards stipulated by the state, so as not to affect the ventilation, lighting and sunshine of the neighbor's building, and if the relevant national construction standards are violated, the victim may claim the removal of the obstruction and compensation for damages.
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If it is a dispute over neighboring rights, the General Principles of the Civil Law may apply
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Not unequal. According to the law, shade distances have different requirements for daylight hours depending on the place and climate. If you have any questions about this, you can report it to your local planning department.
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Shandong: Allowing Enterprises with Housing Difficulties to Raise Funds to Build Houses In order to solve the housing difficulties of the masses, Shandong Province has recently introduced a policy to allow industrial and mining areas and enterprises with difficulties that have more difficult families to use the stock construction land of their units to raise funds and build houses together. If there is a surplus of fund-raising or cooperative housing construction, it shall be disclosed to residents who meet the conditions for the purchase of affordable housing in accordance with relevant provisions.
The construction standards, preferential policies, targets, and transaction conditions of fund-raising and cooperative housing construction shall be implemented in accordance with the relevant provisions of affordable housing. Fund-raising and cooperative housing construction shall be included in the management of local affordable housing construction plans and land use plans. Encourage the replacement of land for fund-raising and cooperative housing construction into residential communities for the construction of Jiwu Sakura Shizhong.
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The area of lighting is kept by yourself when you repair the house. The adjacent area is also valuable. Leave your lighting spot for what people will use to repair the house.
The requirements for lighting before and after have no area for repairing the house. Therefore, I think it is immoral for me to keep good lighting when building a house, and not to let others talk about others when they are building a house.
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The law stipulates the adjacency relationship, and the ventilation and lighting problems between adjacent buildings are stipulated in the adjacency relationship.
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1 all.
1. The protection of neighbouring rights under the Civil Law also applies to the construction of houses in rural areas.
Clause. Second, different regions have different standards for building spacing, generally 1: . You can refer to the national standards for the construction industry.
For example, if the highest point of the adjacent house on the south side is 3 meters, the adjacent distance should be meters. It is usually based on the fact that the adjacent houses on the south side do not block the light from the windows in winter.
Clause. 3. As for what you said, "If the house is more than 4 meters away from the house, does it have the right to prevent me from building it?" Because you are too simplistic to judge. Therefore, please make a judgment based on the above criteria.
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My house has been built for more than 20 years, my house is in front of the village road, my house is 3 to 4 meters away from the road, 2 meters next to the road is preparing to build a house, my house is being built a new house? The gate was covered, and both of them had a house in the county seat, and the house built in their hometown was not built in the original place of residence, but was still a new development site, and the house was built in the 80s and 90s and planted paddy fields, and then it became wasteland. What should I do to defend my rights, the houses of rural people are not allowed to stop, please answer,?
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Take out the homestead land certificate and look at it and see how it's planned. If your construction doesn't interfere with his ventilation, access, and lighting, he has no right to stop you.
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The height of your house cannot be greater than the distance between you and your neighbors.
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The construction of a house must be approved by the competent land authority.
It is forbidden to build houses on cultivated land with good soil.
The Land Management Law provides:
Article 44: If the construction occupies land and involves the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be handled.
Article 36Non-agricultural construction must use land sparingly, and if wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.
It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.
It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.
Article 59: Township enterprises, township (town) village public facilities, public welfare undertakings, rural villagers' residences and other township (town) village construction, shall be in accordance with the village and town planning, rational layout, comprehensive development, supporting construction; Construction land shall conform to the overall land use plan and annual land use plan of the township (township), and shall go through the examination and approval formalities in accordance with the provisions of Articles 44, 60, 61 and 62 of this Law.
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If fertile land has been recognized as basic farmland, it is absolutely not allowed to destroy the land to build housing. Check this situation in the town. A series of laws and regulations prohibit the destruction of basic farmland and the change of its use.
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