How to compensate for the house being shaded, and the compensation standard for the house blocking t

Article 89 of the Property Law stipulates that the construction of a building shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings.

Article 83 of the General Principles of the Civil Law stipulates that the adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in terms of 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.

Article 13 of the Interim Provisions on the Spacing of Living and Residential Buildings in Beijing Where the construction of new buildings approved by the competent administrative department of urban planning blocks the sunlight of the existing residential housing, the construction unit (including the individual who built the house, the same below) shall take the initiative to handle it in accordance with the following provisions: 1. If the existing residential housing that is blocked by sunlight is within the prescribed building spacing, it shall be demolished and relocated according to the scope of demolition determined by the administrative department of urban planning. 2. For the current residential housing that is blocked from sunlight, if the sunshine time is less than 1 hour on the winter solstice, each household shall be given a one-time compensation of 800 yuan to 2,000 yuan according to the blocked condition of the living room.

No compensation shall be paid for illegal construction and residential housing at a horizontal distance of twice the height of the new building. The calculation method of sunshine time shall be prescribed by the Urban Planning Administration. Article 15 If the construction unit does not comply with the provisions of this chapter on the existing residential housing that blocks the sunlight, the parties may appeal to the competent administrative department of urban planning or file a lawsuit with the people's court in accordance with law.

If the construction unit refuses to implement the decision of the urban planning administrative department, it shall stop issuing the construction project planning permit for other construction projects of the unit or order the construction to be stopped.

Since October 1, 2007, the Property Law has expressly stipulated the right to daylight.

The Property Law stipulates (Article 89) that the construction of buildings shall not violate the relevant national engineering construction standards and obstruct the ventilation, lighting and sunshine of adjacent buildings.

Expert's statement: The so-called adjacency relationship is, in short, the relationship of rights and obligations between the adjacent parties to the immovable property due to the exercise of ownership or use rights. Experts believe that in recent years, with the acceleration of urban construction and the tightening of residential construction land, some developers have violated the construction rules and over-planned construction, resulting in too high the number of new residential floors and too high density; Some people even build indiscriminately for convenience, affecting the ventilation and lighting of adjacent buildings"The right to sunlight"Disputes are on the rise.

The Property Law clearly protects the ventilation, lighting and sunshine of residents, that is, the adjacent parties should be the pre-construction conditions without hindrance.

You can go to court to sue for compensation.

1. Compensation standards for house shading.

According to the regulations, if a building designed according to the overall urban plan affects the lighting of the adjacent party, it shall be allowed to be built, but the building party shall solve the problem of 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.

Compensation standard for house shading.

Second, how to solve the house shading.

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 renovated house is built according to the original foundation and original height 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 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. If the buildings of two or more parties jointly affect the lighting of the other party's buildings, the infringing parties shall bear civil liability respectively.

For the purposes of this opinion, buildings refer to buildings with an angle of no more than 30 degrees between the lighting surface and the east-west direction (i.e., the north main house).

3. What is the standard formula for compensation for house shading.

China's "National Standard Urban Residential Area Planning and Design Code of the People's Republic of China (GB50180-93)" stipulates that 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 injury + one-time compensation for moral damages = 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.

Compensation standard for shading of building houses: The compensation standard for shading of building houses is generally calculated according to the construction area of the covered house, and the specific compensation amount can be decided after consultation with the indemnifying party.

Legal basis: Article 293 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021

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.

Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land The compensation given to the expropriated person by the people at the city and county level who made the decision on housing expropriation includes: (1) Compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses. The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

There is no uniform standard for compensation, and the specific amount of compensation depends on the specific impact on your family, and is based on the principle that both parties can accept it.

Article 83 of the General Principles of the Civil Law stipulates that two 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 terms of 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 losses compensated.

The sunshine standard 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; 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. Therefore, if it is below the above standard, you can claim compensation.

The specific regulations of different cities are different in different cities, and the specific regulations are mainly based on local regulations.

If the transformer is more than 5 meters away from the house, it is safe.

Take Changchun City as an example:

According to Article 25 of the Interim Measures for the Management of Sunshine in Living and Residential Buildings in Changchun City

Due to the needs of urban construction, the new building reduces the original sunshine hours of the surrounding living and residential buildings, and has a certain impact on the spatial environment of the occluded living and residential buildings, but can still meet the sunshine standards specified in these measures, the construction unit and the owner of the occluded residential buildings shall negotiate and may give a one-time economic subsidy to the occluded residential buildings. The amount of subsidy shall be implemented in accordance with the following provisions:

Subsidy amount = area per window Reduction of daylight hours Subsidy standard.

The calculation of the area of each window (square meters) and the reduction of sunshine hours (minutes) is subject to the data provided in the sunshine analysis report of the construction project, and the subsidy standard is 100 yuan per square meter per minute.

According to the provisions of Section 13 of Section 6 of the State Grid Corporation of China Electric Power Safety Work Regulations (Distribution Part), the safety distance of the transformer of 10kV is meters.

Legal analysis: The compensation standard for high-rise shading is that the compensation amount is equal to the area of each window multiplied by the number of hours of sunshine reduced multiplied by the basic compensation. The area of each window, measured in square meters, is calculated in minutes with sunshine hours reduced.

The specific data is subject to the data provided in the sunshine analysis report of the construction project.

Legal basis: Article 1252 of the Civil Code of the People's Republic of China Where a building, structure or other facility collapses or collapses and causes damage to others, the construction unit and the construction unit shall bear joint and several liability, unless the construction unit and the construction unit can prove that there are no quality defects. After the construction unit or construction unit makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons.

Where a building, structure or other facility collapses or collapses due to reasons attributable to the owner, manager, user or a third party, causing damage to others, the owner, manager, user or third party shall bear tort liability.

Legal Analysis: Depending on the type of dwelling, the sunshine standard is different. The elderly housing shall not be less than 2 hours on the winter solstice, and the renovation of the old city shall not be less than 1 hour on the cold day.

Legal basis: "Urban Residential Area Planning and Design Standards" Chapter 4 Article 9 The spacing of residential buildings shall comply with the provisions of Table 4 0 9; For specific circumstances, the following provisions should also be met: 1. The sunshine standard of residential buildings for the elderly should not be less than 2 hours of sunshine hours on the winter solstice; 2. The addition of any facilities outside the original design building shall not reduce the original sunshine standard of the adjacent residence, except for the barrier-free renovation and installation of elevators in the existing residential buildings; 3. The sunshine standard of new residential buildings in the old area reconstruction project should not be less than 1 hour of sunshine hours on a cold day.