How to compensate if the sun does not cover the house

This affects your lighting rights, and if it is the developer's fault, and wants to tell you that it does not affect lighting, then you can sue. If it is the other householder's cause affecting you, then you can also sue.

According to Article 83 of the General Principles of the Civil Law, 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.

According to the provisions of the "National Standard Urban Residential Area Planning and Design Code of the People's Republic of China", "the sunshine standard for residential buildings in large cities is greater than or equal to 2 hours on a cold day and greater than or equal to one hour on a winter solstice day, 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 should not reduce the original sunshine standard of adjacent residences: the sunshine standard of new residential buildings in the project of old area renovation can be reduced as appropriate, but it should not be lower than the standard of one hour of sunshine on a cold day.

However, there is no clear standard for how to pay specific compensation, because the impact of shading will inevitably lead to an increase in the cost of lighting and heating, which in turn will also affect people's health and other aspects. So this criterion is not easy to determine.

If it is confirmed that the shading is affected and the time specified in the code is not reached, it is best for both parties to negotiate first, and if the negotiation fails, go to court for a ruling.

The Property Law has general provisions on adjacent rights, and there is no specific standard for specific 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.

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.

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.

Legal Analysis: The standard of compensation is that the amount of compensation is equal to the area of each window multiplied by the number of hours of reduced sunshine 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 293 of the Civil Code of the People's Republic of China: The construction of buildings shall not violate the relevant national construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.

According to the regulations, if the building designed according to the overall urban plan affects the lighting of the neighboring 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, and if the blocked building is included in the scope of demolition, compensation shall be made as appropriate, and if it is included in the scope of demolition after compensation, the compensation fee will not be returned.

Legal basis: Civil Code of the People's Republic of China 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.