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When installing elevators in old buildings, a benefit compensation mechanism should be established.
2024-05-14
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When installing elevators in old buildings, a benefit compensation mechanism should be established.
After installing elevators in an old community in Guangzhou, Mrs. Feng on the first floor commissioned a special agency to issue a "Real Estate Consulting Report." The report shows that before the installation of the elevator, Mrs. Feng's house was 33180 yuan per square meter, and the market unit price after the installation of the elevator was 31880 yuan, a difference of 1300 yuan. The 53.8-square-meter house was devalued by 73887 yuan.
In addition, Mrs. Feng believed that during the 4. and five years of negotiation and dispute, her family was physically and mentally exhausted and their health was damaged. She went to court to sue her neighbors and asked them to compensate 100000 yuan. (Beijing Youth Daily, May 11) frankly speaking, the installation of elevators in old buildings does not have any benefits or convenience for the first floor. On the contrary, it has a great impact on the travel, ventilation, lighting and appreciation space of houses for low-rise residents. Therefore, the news that the installation of elevators in residential areas is blocked is not uncommon, and the residents who hinder the installation of elevators are generally the residents living on the lower floors. These low-rise residents have been shelved for a long time due to "exorbitant prices. From then on, the final judgment of the case was examined. According to the stipulation of Article 6 of the Civil Code that "civil subjects engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties", the court ruled that each household of the neighbors upstairs was 4000 yuan from the perspective of balancing the interests of all parties, according to the damage of Mrs. Feng, the income of the neighbors, and the local housing prices and economic level, A total of 52000 yuan was compensated to Mrs. Feng's family. The problem now is that although this judgment takes into account the stakeholders, is based on the law, and is generally recognized by all sectors of society, including public opinion, it should also be noted that in this case, Mrs. Feng has gone through several years while fighting for her own legitimate interests. Years, painstaking efforts, paid huge time costs, and even health costs.
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In foreign countries, when encountering similar conflicts of interest in neighborhood real estate, most of them have perfect laws. For example, Germany's "special sacrifice compensation system", which holds that the party with restricted ownership of real estate in the adjacent relationship pays a "compulsory sacrifice" in private law, in order to compensate for this "advantageous interest", the law requires one party in the adjacent relationship to pay compensation to the other party. In terms of specific compensation, there are operational implementation rules and specific standards. Back at home, China's Civil Code clearly stipulates that the neighboring rights holders of real estate should correctly handle the neighboring relations in accordance with the principles of favorable production, convenient life, unity and mutual assistance, fairness and reasonableness. Article 1182 stipulates that if property losses are caused by infringement of the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed or the benefits obtained by the infringer. Obviously, this legal provision provides a solid legal backing for the compensation of interests between neighbouring rights holders. In the context of the legal basis, the national level should make an institutional arrangement, allowing the owners to jointly entrust a third-party organization to issue an assessment report on the damage to the low-rise residents caused by the construction of the elevator, and conduct compensation negotiation on the basis of the report, so as to calculate the sacrifice compensation acceptable to all stakeholders. It is foreseeable that a reasonable benefit compensation mechanism will be established and a system will be formed to allow the party who benefits from the installation of elevators to give appropriate benefit compensation to the damaged party, which can not only effectively resolve the deep-seated contradictions of stakeholders, and the project The difficulties and resistance in the implementation process can make the installation of elevators in old buildings reflect fairness and justice.
Source: Gongli Elevator Network
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