What should I do if my neighbor's illegal construction affects my home?

If your neighbor's behavior of building and capping affects the lighting and ventilation of your home, first of all, you should judge whether the other party's behavior really hinders your lighting and ventilation. After determining that the neighbor's behavior violates your lighting and ventilation rights, you can defend your rights through the following channels: 1, neighboring owners' right to complain. For illegal construction, adjacent owners have the right to complain to the relevant government departments such as the urban management administrative law enforcement department or the planning department, and ask the relevant departments to dismantle them to remove obstacles. 2. Litigation rights of adjacent owners. If the illegally erected buildings and structures affect the rights of neighboring owners such as ventilation, lighting, sunshine, transportation, etc., or affect the personal and property safety of neighboring owners, they shall request to remove the obstruction, restore to the original state or compensate for the losses. 3. Rights and responsibilities of the owners' committee. The owners' committee has the right and obligation to discourage and stop illegal construction, and report to the relevant administrative departments in a timely manner. For acts that infringe upon the interests of the owners, they may also bring a breach of contract or tort lawsuit to the people's court according to law, requesting restitution, removing obstacles and compensating losses. 4. Rights and responsibilities of the property management company. Property enterprises have the right and obligation to discourage and stop illegal construction and report to the relevant administrative departments in a timely manner. For acts that hinder property management, you can also bring a lawsuit for breach of contract to the people's court according to the property management service contract or the owners' convention, request restitution, remove the obstruction, and bear the liability for breach of contract.

Legal basis:

"General Principles of Civil Law of People's Republic of China (PRC)" Article 296 * * * Real estate owners use adjacent real estate for water use, drainage, traffic and pipeline laying. We should try our best to avoid causing damage to neighboring real estate owners.

Derivative problem:

How to report illegal construction before the house is demolished? You can call 123 19 urban construction service hotline to report. 123 19 is the telephone complaint center. After the call comes in, the computer system will record it, and ask the complainant to leave his phone number and address, and the information will be summarized to the Municipal Urban Management and Law Enforcement Bureau, which will handle the case of reporting illegal construction. At the same time, the Letters and Calls Section of the local urban management department will send a short message to the complainant to inform him that the complaint has been handled. The reply of the local urban management department should be made within the specified time. Strictly speaking, after receiving the report, the local urban management department can investigate whether there are illegal buildings within one or two days, at least three or four days. The time limit for urban management departments to deal with illegal buildings is generally 45 days. However, before demolition, it is necessary to report the investigation scheme of illegal buildings to multiple departments and solicit opinions from the planning department.