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The old residential building is equipped with elevators, and the residents on the first floor sue for compensation? Court: rejected!

2024-05-14

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The old residential building is equipped with elevators, and the residents on the first floor sue for compensation? Court: rejected!

Recently, the People's Court of Hechuan District, Chongqing City concluded a case of property protection disputes caused by the installation of elevators in old communities.

Case review

The unit building of a residential area in Hechuan District of Chongqing is a 6-storey building with a total of 12 owners. The upper and lower floors are step ladders. Eight owners, including He Mou, a high-rise resident in the building, initiated an application for additional elevators and reached a cost-sharing agreement for additional elevators. The 10 owners of the unit agreed to install the elevator. He and other owners to Hechuan District Planning and Natural Resources Bureau to apply for additional elevators. On the same day, Hechuan District Planning and Natural Resources Bureau publicized the written application of the project, the written consent of the owner, the schematic diagram of elevator installation and the effect diagram of the new elevator on the site of the unit building to solicit the opinions of relevant stakeholders. The publicity period is from September 8, 2021 to September 14, 2021, and the feedback period is 5 working days after the expiration of the publicity period. No feedback within the specified period is deemed as a waiver of rights.

Since no relevant interested parties have provided opinions within the prescribed time limit, the Hechuan District Planning and Natural Resources Bureau issued the "Construction Project Planning Permit" on October 25, 2021.

Cause disputes

Later, the elevator company carried out construction in accordance with the location approved by the Hechuan District Planning and Natural Resources Bureau. During the construction, Yang, the owner of the first floor, believed that the elevator's carrying box blocked the ventilation, sunshine and lighting of his house, seriously affecting his daily life.

Due to the fruitless negotiation, Yang sued He and others, the owner of the 3-6 floors of the unit building, to the Hechuan Court in December 2021, requesting that the defendant eliminate the adverse effects of the elevator construction on his life and restore his house. The ventilation, lighting and sunshine conditions of the house, and compensation for losses of 30000 yuan.

Court hearing

After hearing, the court held that the installation of elevators in the building involved in the case had been approved by the owners whose exclusive part of the unit accounted for more than 2/3 of the total building area and more than 2/3 of the total number of households, and the elevator installation project site of the unit was publicized. During the publicity period, the plaintiff and other relevant interested parties did not raise any objection, And obtained the construction project planning permit issued by Chongqing Hechuan District planning and Natural Resources Bureau, therefore, the installation of elevators and construction of buildings involved in the case are in line with the law, and the plaintiff should cooperate.

Judging from the scene where the elevator was installed in the building involved in the case, its location is located in the green belt opposite the unit and does not occupy the original entrance passage. The elevator is arranged opposite the stairwell, which does not directly block the windows of the residents of the unit, has no direct impact on the ventilation, sunshine and lighting of the plaintiff's house, and does not constitute infringement on the plaintiff. Therefore, the plaintiff's claim is not sufficient and the evidence is insufficient, and the court will not support it.

To sum up, the court ruled in accordance with the law to reject the plaintiff Yang's claim. After the sentencing, neither party filed an appeal and the sentence has taken effect.

The judge said

It is an important condition for building harmonious neighborhood relations to respect morality, cultivate harmony, tolerance and mutual accommodation. At present, the installation of elevators in old residential buildings, which is strongly advocated and supported by the state, plays an irreplaceable positive role in solving the practical problems of the people, such as the difficulty of going up and down the stairs, such as the old, the weak, the sick and the young, constantly improving the use function of the house, and gradually improving the living quality of the common people. Local governments have also introduced policies to support the installation of elevators in old residential buildings. The disputes between the upstairs and downstairs caused by this problem not only involve the rights and interests of the residents in each house, but also related to social harmony and stability. The decision to install the elevator in this case was approved by the vast majority of residents, and the on-the-spot investigation found that it did not significantly affect the interests of low-rise residents. When individual low-rise residents objected, the court guided both parties to accept the lawsuit by clarifying the moderate tolerance obligation of low-rise residents to install elevators, which not only ensured the convenience of high-rise residents, but also helped to create a harmonious and friendly neighborhood relationship, fully demonstrating the rule-based and value-oriented role of judicial decisions in social governance.

Source: Chongqing Hechuan Court WeChat Public Number, Upstream News

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