The school fence is too high and affects the lighting of my balcony, can I stop the school from buil

Updated on Balcony 2024-05-17
2 answers
  1. Anonymous users2024-01-24

    If necessary, the local planning department, urban construction department and people's court may be consulted.

    Article 83 of the General Principles of the Civil Law The 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 the losses compensated.

    The same provisions include Articles 84, 85 and 89 of the Property Law of the People's Republic of China, Article 40 of the Urban Planning Law of the People's Republic of China, and Article 6 of the Measures for the Administration of Urban Residential Construction by Individuals of the State Council. Article 7 of the "Several Opinions of the Ministry of Construction on Improving the Quality of Residential Design and Strengthening the Management of Residential Design" stipulates that residential design should pay attention to the indoor and outdoor environment, meet the requirements of residential lighting and sunshine, sound insulation and hygiene, and improve the comfort of living. In addition, there are also provisions on disputes arising from illegal construction in the "Minutes of the National Civil Trial Work Symposium":

    The people's courts may accept civil disputes arising from illegal buildings obstructing the ventilation and lighting of others, or arising from the sale, lease, or mortgage of illegal buildings. The identification and demolition of illegal buildings are not civil disputes, and should be handled by the relevant administrative departments in accordance with the law. In addition, there are also a large number of provisions on daylighting in local rules and regulations, which clearly stipulate the distance between adjacent buildings to ensure the residents' right to daylight.

  2. Anonymous users2024-01-23

    You can negotiate with the school to get compensation.

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