Residential elevator installation, the first-floor owner sued claiming it affects lighting and property value. The first instance court ordered the 14 upstairs owners to pay compensation of 21,000 yuan.

Recently, the owner of Unit 1, Mr. Qin, and Mr. Lu, filed a compensation claim against the owners who agreed to and participated in installing an elevator, citing that the installation affected the house’s lighting and reduced its value. After multiple mediation attempts, the parties failed to reach an agreement on the compensation amount. Consequently, Mr. Qin and Mr. Lu sued over ten upstairs households in court, seeking appropriate compensation.

According to the China Judgments Online, on March 4, the Wuzhou City Wanshou District People’s Court in Guangxi published the first-instance verdict. The court held that the elevator installation indeed impacted the lighting and sunlight exposure of Mr. Qin and Mr. Lu’s property. Since the elevator has now been installed and is in normal use, and based on fairness principles, the owners who funded the installation should also provide appropriate compensation for the interference caused to Mr. Qin and Mr. Lu.

Ultimately, the court ordered 14 households, including Mr. Tang and Mr. Luo, to each pay 1,500 yuan in compensation to Mr. Qin and Mr. Lu, totaling 21,000 yuan.

(Stock photo) Installing elevators in old residential communities

Dispute: 9-story residential building with elevator installation,

First-floor owner sues upstairs owners for compensation

The building involved is a 9-story residential building, a stairway house with 3 units per floor. Due to available subsidy funds for elevator installation and to meet mobility needs, the owners planned to install an elevator. All owners who funded the installation are designated as co-owners of the elevator, with construction and maintenance costs shared according to an agreed ratio.

In May and June 2022, to promote the elevator project, opinions from all owners were solicited regarding the installation and the design plan. According to the relevant “Opinion Solicitation Form,” most owners on the 1st, 2nd, and some on the 3rd to 5th floors expressed “disagreement or non-participation,” while more than ten owners on the higher floors, especially above the 3rd, “agreed and participated.”

On September 27, 2022, the Fucang Community Residents Committee in Wuzhou City issued a “Situation Explanation,” stating that after reporting the elevator project to the community, a public notice was issued from July 11 to July 22, 2022. During the notice period, no written objections were received from residents. After the project was approved by vote, 14 households, including Mr. Tang and Mr. Luo, agreed and contributed funds to the elevator installation, entrusting contractors, designers, and installers to proceed.

Regarding the elevator installation, Mr. Qin, owner of Unit 103, claimed that it affected his house’s lighting and property value, and demanded compensation from the participating owners. The community residents’ committee organized multiple mediations. Mr. Qin initially requested 30,000 yuan, while the participating owners proposed compensating two households on the first floor, increasing the total from 10,000 to 12,000 yuan during negotiations.

Since the parties could not reach an agreement on the compensation amount after several mediations, Mr. Qin and Mr. Lu filed a lawsuit, requesting the court to order the more than ten upstairs owners who agreed to and participated in the elevator installation to compensate them.

Court finds impact on lighting and other rights

14 households to pay a total of 21,000 yuan in compensation

On December 15 of last year, the court conducted an on-site inspection and found that the elevator had been installed and was in normal use. The exterior of the elevator from ground level to about 1.9 meters high was tiled; the other three sides, except the side with the elevator door, were made of aluminum panels. The elevator is located directly in front of the staircase entrance of the building, with the first-floor elevator entrance facing the staircase, about 1.86 meters apart; the edge of the staircase opening to the door of Unit 103 is approximately 4 meters away. The elevator does not have stop buttons on the second and third floors but has stop buttons from the fourth to the ninth floors, allowing direct access to those floors. The elevator is located southeast of Units 103 and 104.

The court noted that Article 288 of the Civil Code of the People’s Republic of China states that neighboring property rights holders should properly handle their relations based on principles of benefiting production, facilitating life, unity and mutual assistance, and fairness. Article 293 states that constructing buildings must comply with national standards and should not obstruct neighboring buildings’ ventilation, lighting, or sunlight.

The installed elevator is located southeast of Unit 103, and considering its distance from the plaintiff’s house, its size, structure, and materials, it indeed affects the sunlight and lighting of Unit 103. Since the elevator has been installed and is in use, facilitating the travel of the owners who funded it, fairness dictates that those owners should also provide appropriate compensation for the interference caused to the plaintiff.

After considering all factors, the court reasonably ordered the 14 households, including Mr. Tang and Mr. Luo, to each pay 1,500 yuan to the plaintiff. The court did not support any claims exceeding this amount. The final judgment was that these 14 households pay 1,500 yuan each to Mr. Qin and Mr. Lu.

Reporter: Jiang Long

Editor: Zhang Xun

Reviewer: Wang Guangdong