The current domestic laws do not understand the compensation standard.
On September 6th, 20 10, 26 households, including Mr. Song, sued the developer to the Furong District Court, asking the court to order the developer to stop the infringement and eliminate the nuisance; Compensate 26 households for losses ranging from 60,000 to 90,000 yuan, and bear all litigation costs.
According to the national building standards, two hours of sunshine is not the best, but the bottom window sill should have two hours. If you live in the middle and high floors, your lighting will be far more than two hours. Minimum requirements are set nationwide. The right to light is inviolable. You can't force it to be sold.
New buildings affect lighting rights.
Ding Xiangning, the presiding judge of the case, said in an interview with the reporter of Legal Weekly that although the Property Law clearly stipulates the ventilation, lighting and sunshine of buildings, the compensation standard of lighting right is not clearly stipulated in China's current civil legal system.
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Working in a dark and humid room for a long time will also reduce vision, increase rheumatism pain and reduce human resistance. The loss of lighting right is due to the over-exploitation of land, which will inevitably lead to the fierce deterioration of the environment. "This is the environmental right, and the national standard right and the environmental right are public rights. Property rights and human rights are private rights. This is why the right to lighting is so important. " Ding Xiangning said.
"Legal Weekly" reporter Chen Songling correspondent Yuan Jianbin
In July 2007, Mr. Song bought a commercial house in a real estate development company, which belongs to the second phase of the community. Soon, the third phase of the residential area started. After the initial formation of the house in the third phase of the project, Mr. Song and other residents found that the light in their house was very dark and the clothes were difficult to dry. The newly-built house blocks the sunshine of their old house. And it's not just Mr. Song's family that is affected. Mr. Song found that the low-rise residents of a residential building in the second phase of the project had a similar situation.
Due to the dispute over lighting rights, 26 households including Mr. Song of Changsha sued the developer to the Furong District Court. In May this year 10, after mediation by the court, 26 households received lighting compensation from the court and dnf Nana official website, totaling1368,000 yuan. It is understood that this is the first time that the Furong District Court has applied the relevant provisions of the "Changsha Residential Building Spacing and Sunshine Control Regulations" to adjust and handle disputes over lighting rights, which has better protected the legitimate rights and interests of residents who purchase houses. 1 1 In the morning, the plaintiff accepted an interview with the reporter of Legal Weekly on behalf of Mr. Song. Although the case has been entangled for almost a year, he feels very satisfied.
"We found that after the construction of the third phase of the project, the sunshine of the purchased house was affected." Mr. Song said. Subsequently, Mr. Song negotiated with other affected residents, and everyone unanimously agreed to hold a group to defend their rights. After that, 26 households looked for developers many times and asked for an explanation. Because it is impossible to determine the degree of influence, the two sides failed to negotiate.
Mr. Song and 26 households believe that after the completion of the third phase of the real estate project, the lighting of their homes will be seriously affected. "Our electric lighting and heating costs will greatly increase, clothes drying will not be carried out normally, and the sunshine necessary for the human body will not be met." Mr. Song said. 20 10, 10 year1October 22nd, the case was filed for the first time. The developer suggested that according to "whoever has an idea, the plaintiff will provide a specific amount of loss, or provide a detailed and legally based calculation formula or calculation method to support the claim." No positive progress was made in the first instance.
After the judge put the needle into the fuse, both sides accepted the measure. After mediation, each household received compensation ranging from 40,000 to 70,000 yuan. On April 5, 20 1 1, both parties signed a settlement agreement, stipulating that the developer would pay the compensation to the court account of Furong District in one lump sum before May, 201/. At this point, the case was successfully closed.
20 10 65438+ 10 On October 20th, the Information Center of Changsha Planning Bureau was entrusted by 26 households and issued a sunshine analysis report after on-site appraisal. On this basis, 26 households once again asked developers to solve the problem, and the underground city was plug-in for free. However, because the report only provided whether the lighting reached the relevant scale, dnf2 Speed King did not involve the compensation standard, and the negotiations were once again deadlocked.
Although there are many cases of lighting right disputes in China, most of them are settled through mediation, and the reference standards are different. Judge Ding Xiangning repeatedly consulted the relevant materials and found the relevant basis in the local law "Changsha Residential Building Spacing and Sunshine Control Regulations".
According to Changsha municipal government document No.20 20 10/0/5, residents' right to use light should be guaranteed. Article 13 of the document stipulates: "The effective sunshine time of living space in residential buildings should not be less than two hours in cold days, and at least one living space should meet the sunshine standard." At the same time, the regulations clarify the relevant compensation standards.
Why does the property law require strict maintenance of lighting rights? Judge Ding Xiangning said that because the lighting right is not only a property right, but also a human right, an environmental right, a public right and a private right, the loss of the lighting right of the underground city and the Warrior wg will inevitably lead to the depreciation of house prices and the increase of lighting electricity and heating costs, which is the loss of state property rights.
Lawyer Liu Ming of Hunan Ruibang Law Firm said that if the cases of infringement of light rights are demolished blindly, it will inevitably lead to a great waste of resources. However, there is no legal provision for compensation for infringement. Changsha City Planning and Management Bureau issued the normative document "Changsha City Residential Building Spacing and Sunshine Control Regulations", which clearly stipulated the infringement standards of lighting and sunshine rights and the compensation standards for lighting and sunshine rights infringement. The judge of Furong District Court successfully mediated the case with reference to the standard of this document, which is admirable and has sufficient jurisprudence, providing a reference for the court to handle such cases in the future.
"This has brought certain difficulties to our case judgment. There is no standard. The judgment is that developers are unwilling to pay more, and residents suffer less. " Ding Xiangning said that at the first trial, the plaintiff was emotional and requested to change the lawsuit. In addition to asking the defendant for compensation, he also asked the defendant to apologize in the media. The two sides disputed the compensation standard.
The right to light is inviolable.