How far away should the state stipulate that roads should be built from people s homes?

The distance should be so that the decibels of noise do not cause harm to ordinary people, and there is no exact standard. However, at present, there is an administrative regulation that sets the decibel standard, but according to the Legislation Law, the rules are not binding on the court, so the court can re-determine. As long as damage is caused to ordinary people, the question of compensation arises.

In addition, even if the act is lawful, if the damage is caused, compensation can be obtained according to the principle of fairness in the general principles of civil law.

Was it built by ** or by the developer? **In the case of construction, it is necessary to follow the path of administrative law, and the damage caused by noise and pollution falls within the scope of state damages. If the road construction is legal, it is a matter of compensation.

If it is not legal, it can be requested to revoke the project by means of administrative litigation. At present, the legislation on compensation and compensation for administrative damages is quite imperfect, and there is no relevant legislation on public pollution, which is relatively difficult. It is possible to search for national laws on compensation for damages, and some of the provisions may be barely available.

If the developer is undergoing construction, the noise and pollution problems can be recourse to the property law. If noise and pollution make the dwelling unusable, it may constitute a tort and can be claimed in accordance with the law; or compensation based on adjacency. You can also turn to the general principles of the civil law, because of the personal noise infringement of the rights and interests of others, there are currently relevant cases, you can search the Internet for your own.

Of course, from a legal point of view, the second road mentioned above can also be taken for the highway built by **, according to the property law and the civil pass, but it is a bit difficult.

Highway or provincial road? Or a national highway?

The distance between the highway and the house is required to be no less than 20 meters for the national highway, not less than 15 meters for the provincial road, not less than 10 meters for the county road, and not less than 5 meters for the township road.

Legal basis: Article 29 of the Highway Law of the People's Republic of China shall build permanent engineering facilities on both sides of the highway, and the distance between the edge of the building and the outer edge of the highway ditch shall be: Bihong National Highway is not less than 20 meters, the provincial highway is not less than 15 meters, the county road is not less than 10 meters, and the filial piety of the township road is not less than 5 meters.

The road construction should be separated from residential buildings at least 50,200 metres from both sides of the centre line of the highway.

Although there are no specific quantitative regulations, there are other criteria.

If it is a municipal road, it should be in line with the plan, and the specific plan should be formulated or revised to listen to the opinions of stakeholders, so you can submit comments to the planning and municipal departments, if you ignore it, you can go to the court when the project announcement is issued, because it violates your legal adjacent rights.

If it is other traffic highways (such as highways, national highways, provincial highways, etc.), under the management of the Highway Bureau, generally from the center line of the highway on both sides of the 50-200 meters of land should be expropriated, the right to use belongs to the highway department, even so, should also be built to reduce the noise of vehicles, can not affect the normal life of the surrounding residents. Otherwise, they will also bear the legal responsibility as above.

Summary. Hello dear, the state stipulates that the distance between the highway and the house is not less than 20 meters from the national highway, not less than 15 meters from the provincial road, not less than 10 meters from the county road, and not less than 5 meters from the township road.

Hello Henglu Qinqin, the state stipulates that the distance between the highway and the house is not less than 20 meters from the national highway, the provincial road is not less than 15 meters, the county road is not less than 10 meters, and the township road is not less than 5 meters.

Hello dear, Article 29 of the "Regulations of the People's Republic of China on the Administration of Highways" on both sides of the highway to build permanent engineering facilities, the edge of the building and the outer edge of the highway Wangsun Jian ditch spacing: national highway not less than 20 meters, provincial highway not less than 15 meters, county road not less than 10 meters, township road not less than 5 meters. Article 36 The meanings of the following terms in these Regulations are:

"Highway" refers to the public road that can drive cars between cities, urban and rural areas, and rural areas that have been accepted and recognized by the competent highway authorities. Highway includes roadbed, pavement, bridges, culverts, and tunnels of highways. "Highway Kaichai land" refers to the land within an area of not less than 1 meter outside the side ditch (or interception ditch) on both sides of the highway and the side ditch (or interception ditch).

The specific scope of highway land shall be determined by the people at or above the county level. "Highway facilities" refers to highway drainage equipment, protective structures, crossings, boundary markers, piles, safety facilities, communication facilities, testing and monitoring facilities, maintenance facilities, service facilities, ferry terminals, flowers and forests, special houses, etc.

In China, according to the "Planning and Design Standards for Urban Roads and Transportation Facilities", different types of public roads have different distance standards from houses. The specific provisions are as follows:1

Expressway: The minimum distance between the expressway and the house shall not be less than 200 meters from the expressway and the main buildings (including residences, schools, hospitals, etc.); The distance from general buildings (including commercial, service, cultural, etc.) is not less than 100 meters. 2.

Expressway: The minimum distance between the expressway and the house shall not be less than 50 meters from the expressway and the main buildings (including residences, schools, hospitals, etc.); The distance from general buildings (including commercial, service, cultural, etc.) is not less than 30 meters. 3.

Urban expressway: The minimum distance between the urban expressway and the house shall not be less than 30 meters from the urban expressway and the main buildings (including residences, schools, hospitals, etc.); The distance from general buildings (including commercial, service, cultural, etc.) is not less than 20 meters. It should be noted that the above distance is only a reference to the standard of wheel tombs, and the actual situation may vary due to various factors such as terrain, building distribution, road grade, etc.

In the specific construction process, it is also necessary to carry out comprehensive assessment and planning and design according to the actual local situation.

The minimum distance between highway construction and residential buildings is 50,200 meters from both sides of the center line of the highway. Although there are no specific quantitative regulations, there are other criteria. If it is a municipal road, it should be in line with the plan, and the specific plan should be formulated or revised to listen to the opinions of stakeholders, so you can raise the bridge to the planning and municipal department for advice, if ignored, you can go to the court when the project announcement is issued, because it violates your legitimate adjacent rights; If it is other traffic highways (such as highways, national highways, provincial highways, etc.), under the management of the Highway Bureau, generally from the center line of the highway on both sides of the 50-200 meters of land should be expropriated, the right to use belongs to the highway department, even so, should also be built to reduce the noise of vehicles, can not affect the normal life of the surrounding residents.

Otherwise, they will also bear the legal responsibility as above.