Who will identify the buildings that block the sun?

There are more and more lawsuits about sunshine caused by architectural occlusion-happily moving into a new house, not looking at the scenery outside the window for a few days, only to find that the new building "thrives" under its own eyes, not only can't see the scenery, but even the sunshine is blocked. With the increasing shortage of urban space resources and the improvement of public awareness of rights protection, the disputes between lighting and sunshine caused by building shading have also increased. The state has mandatory regulations on residential sunshine. What are the specific regulations and standards? What are the steps and related details? In response to these problems, the reporter interviewed experts in law and technology. ■ Illegal buildings can be required to be demolished. If the legal building is seriously blocked, it may apply for administrative proceedings. Zhong Zhong, a lawyer from Zhongce Law Firm, said that it is first necessary to distinguish whether the blocked building meets the planning requirements, that is, whether the building is illegal. If it is an illegal building, you can ask for demolition, but if it is a legal building, that is, the building itself has been approved by the planning department, it involves administrative litigation. ■ Take care of Beijing residential buildings in cold weather for more than 2 hours. Lawyer Jin told the reporter that the main legal basis for the litigation about sunshine and lighting disputes is the Code for Planning and Design of Urban Residential Areas. Due to the technical nature of the relevant specifications, the reporter learned about the specific situation of sunshine standards from the experts of China Institute of Building Research. Experts told reporters that in July this year 1, the Ministry of Construction and the General Administration of Quality Supervision, Inspection and Quarantine jointly issued the "General Rules for the Design of Civil Buildings", which contains mandatory provisions on sunshine, and the layout and spacing of buildings must meet the requirements of sunshine. For the regulation of building sunshine, we can mainly refer to the 2002 edition of Code for Planning and Design of Urban Residential Areas, Code for Design of Residential Buildings, General Rules for Design of Civil Buildings and some local regulations. A more important indicator is the cold weather and the sunshine time of the house during the winter solstice. Taking Beijing as an example, according to the climate zoning, the sunshine of residential buildings in severe cold weather should be more than 2 hours. Experts told reporters that because the provisions related to sunshine in the specification are mandatory, they have legal effect. ■ The court entrusted relevant departments to conduct technical appraisal, which became the basis for judging the case. Residents who want to file a lawsuit in Rizhao must first submit a lawsuit application to the court, and then the court must have authoritative technical appraisal as evidence. The court will entrust the national construction engineering quality supervision and inspection center to carry out relevant technical appraisal, and the inspection center will issue a technical report as an important technical basis for court mediation or judgment. The reporter learned from the staff of the National Construction Engineering Quality Supervision and Inspection Center that it is necessary to provide some relevant technical materials to issue the sunshine measurement report, mainly including: 1. General layout of recent surveying and mapping. The drawings must be original and stamped with the official seal of the local planning department or surveying and mapping department. 2. Detailed construction drawings or as-built drawings of sheltered and sheltered buildings, and as-built drawings must be provided for completed buildings. The drawings provided by the design unit or planning department must be engineering design drawings or copies thereof, and stamped with the official seal of the design unit or planning department. The staff of the Quality Supervision Center reminds everyone that it is particularly important to note that all drawings can only be submitted once, and the effectiveness of the drawings should be recognized by both parties. All units providing drawings shall issue relevant certificates to prove the authenticity and accuracy of the drawings provided by them, and bear corresponding responsibilities. After data collection is completed, the quality supervision center will analyze the sunshine and make a detailed sunshine measurement report. Generally speaking, this work takes a week. ■ People's awareness of rights protection has increased. Mr. Luo Tao, from the National Center for Quality Supervision and Inspection of Construction Engineering, said that the current litigation mainly focuses on the impact of urban land shortage and too small building spacing on the lighting of adjacent buildings; Building shading leads to the decrease of sunshine in residential buildings and disputes between owners and developers. He said that among these disputes, the biggest contradiction is the dispute between the owner and the developer due to the occlusion of the building. Experts say that efforts must be made in many aspects to reduce the sunshine disputes. In the design approval stage, the urban planning department should strictly control; Developers and design units in the design and construction in strict accordance with the requirements of the specification, the design scheme is considered more carefully; As an ordinary person, when buying a house, we should fully understand the overall planning, but also pay attention to the surrounding environment where we live, find problems, and try our best to solve them through consultation with developers. The Code for Planning and Design of Urban Residential Areas should also meet the following requirements: (1) The winter solstice of residential buildings for the elderly should not be less than the standard of 2 hours of sunshine; (2) Adding any facilities outside the original design building shall not reduce the original sunshine standard of adjacent houses; (3) The sunshine standard of new residential buildings in the old district reconstruction project can be reduced as appropriate, but it should not be lower than the sunshine standard of 1 hour in severe cold days. The National Construction Engineering Quality Supervision and Inspection Center on the bottom window sill of sunshine time calculation is a national quality inspection center authorized by the State Bureau of Quality and Technical Supervision, and approved by the the Supreme People's Court Judicial Appraisal Center as a judicial appraisal institution for construction engineering quality. Take charge of monitoring of structural engineering, foundation engineering, concrete products and engineering materials, curtain wall doors and windows, architectural lighting, etc. 19 *** 183. Relevant technical reports can be used as the basis for legal arbitration.