[Direct answer]Yes. If a neighbor's illegal construction obstructs passage, lighting, ventilation, drainage, or endangers safety, it constitutes a nuisance to neighboring rights. The rights holder may request removal of the nuisance, restoration of the original state, and compensation for losses. According to Article 288 of the Civil Code of the People's Republic of China, neighboring rights holders shall handle neighboring relations in accordance with the principles of benefiting production, facilitating life, unity and mutual assistance, and fairness and reasonableness; Article 293 stipulates that the construction of buildings shall not obstruct the ventilation, lighting, and sunlight of neighboring buildings. If the construction itself is an illegal building, it can also be reported to the competent urban and rural planning departments, and according to Article 64 of the Urban and Rural Planning Law of the People's Republic of China, the responsible party shall be ordered to demolish it within a specified time limit.

1. Problem background and typical scenarios

Illegal construction such as building unauthorized sunrooms, expanding balconies, occupying public passageways to build walls, adding structures to roofs, encroaching on green spaces on the first floor, and extending external wall-mounted facilities are quite common in old urban residential areas and rural self-built houses. Typical problems include: expansion blocking sunlight causing permanent dimness indoors; occupying public or fire escape passageways affecting traffic and safety; adding structures to external walls leading to water leakage and wall cracking; and encroaching on green spaces on the first floor hindering other owners' use of common areas. In Beijing, such disputes are usually handled through two approaches: first, claiming that the neighbor's civil rights have been infringed and requesting the removal of obstacles and restoration of the original state; second, reporting the illegal construction to the planning and urban management departments for administrative investigation and handling. It is advisable to first understand the relevant laws and regulations.Real estate sales and construction project services.

II. Key points of dispute

The focus of the dispute centers on four points. Firstly, whether it constitutes a nuisance to neighbors, that is, whether it actually hinders traffic, lighting, ventilation, drainage, and safety, which should be based on objective impacts and evidence rather than mere perceptions. Secondly, whether the construction is illegal, whether a construction project planning permit has been obtained, and whether it exceeds the scope of the permit, which are key issues for administrative investigation. Thirdly, the subject of rights: owners of exclusive portions can claim neighboring rights, and owners or homeowners' associations can claim rights if the common portions are infringed upon. Fourthly, the remedies: whether to request demolition and restoration to the original state or to compensate instead, depends on whether the demolition is feasible and the extent of the impact. If personal or property damage has occurred, it can be combined with other remedies.Personal injury and medical dispute servicesReview the compensation claims.

III. Professional analysis by Henglue Law Firm

In practice, parties often only focus on the "other party's illegal construction" but neglect the direction of evidence collection. From the perspective of the party whose rights have been infringed, evidence should be organized from both subjective and objective aspects: subjectively, to prove the existence and continuity of the interference; objectively, to prove that the construction has not been legally approved. Evidence can include fixed photos and videos of the scene (showing the time, location, and angle of impact), house ownership and planning drawings, mediation records from property management or neighborhood committees, responses to reports to urban management authorities, and, if necessary, assessment opinions from professional institutions on lighting or structural safety. Legally, according to Articles 235 and 236 of the Civil Code, if a property right is interfered with or likely to be interfered with, the right holder may request the removal of the interference or the elimination of the danger; if the illegal construction interferes with the neighbor's ventilation, lighting, or sun exposure, the right holder may request the cessation of the infringement according to Article 293. It should be particularly noted that unauthorized "using violence to counter violence" and demolishing others' buildings without authorization may constitute infringement or even illegal acts, and such issues should be resolved through consultation, administrative reports, or litigation. For related enforcement and property disputes, please refer to the relevant provisions.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 288 (Principles of Handling Adjoining Relationships) of the Civil Code of the People's Republic of China (effective January 1, 2021), Article 293 (Ventilation, Daylighting, and Sunlight), Article 294 (Prohibition of Emitting Harmful Substances), and Articles 235 and 236 (Return of Original Objects, Removal of Obstacles, and Elimination of Danger); Article 64 (Investigation and Handling of Illegal Construction) of the Urban and Rural Planning Law of the People's Republic of China (amended on April 23, 2019); and the provisions on the obligation of property service providers to stop illegal construction in the Property Management Regulation (amended on March 19, 2018). Practical suggestions: 1. Timely fix evidence by taking photos and videos and retaining the original media; 2. First communicate with neighbors, property management, and neighborhood committees and leave written records; 3. Submit a written report to the urban and rural planning authorities or urban management law enforcement departments and request receipts for acceptance and handling; 4. If mediation fails, file a lawsuit to remove obstacles and, if necessary, apply for preliminary injunctions to stop illegal activities; 5. If it involves common areas, owners can jointly claim with other owners, and overall arrangements can be made through the homeowners' committee.Special services and other case servicesCoordinate and plan everything in an organized and efficient way to ensure that all tasks are completed on time and within budget.

5. Henglue Law Firm's Reminder

Firstly, do not disassemble or damage the structures built by the other party on your own, as you may be held liable for infringement if you act without authorization. Secondly, administrative investigations and civil litigation can proceed concurrently. The administrative process often provides strong evidence for civil claims against illegal construction. Thirdly, if the obstruction persists, the right to request removal of the obstruction does not lapse with the passage of time, but the compensation for damages already incurred is subject to the statute of limitations. Fourthly, in the event of urgent dangers such as structural safety issues or water leakage, you can first apply for preservation measures or request the administrative authority to immediately stop the activities. If you are unsure about the direction of evidence collection and litigation strategies, you can seek assistance from a professional legal team.Beijing Henglue Law FirmMake an appointment for a professional evaluation.

VI. Frequently Asked Questions

Q1: If my neighbor illegally builds a structure, can I request its demolition?

This can be claimed. If the construction interferes with traffic, lighting, ventilation, drainage, or safety, and constitutes an infringement of neighboring rights, the party can request to stop the infringement, remove the obstacles, and restore the original state in accordance with Articles 288 and 293 of the Civil Code. If the construction is an illegal building, the party can also report it to the competent urban and rural planning department and request it to be demolished within a specified time limit in accordance with Article 64 of the Urban and Rural Planning Law. Whether the construction can actually be demolished depends on whether it is a situation that can be rectified. The court and the administrative department will comprehensively assess the impact and, if necessary, replace the demolition with compensation.

Q2: If you claim that your neighbor's rights have been infringed, what evidence do you need to prepare?

It is recommended to prepare five categories of materials: 1. Evidence of the facts, including on-site photos and videos (showing the time, location, and situations of obstruction or occupation) and comparisons of indoor lighting conditions; 2. Ownership and planning materials, such as real estate ownership certificates, planning drawings, and overall floor plans of the residential area; 3. Communication and mediation records, including written materials from negotiations with neighbors and mediation efforts by property management or neighborhood committees; 4. Administrative processing materials, such as receipts for complaint acceptance and responses from urban management or planning departments; 5. When necessary, commission professional institutions to conduct assessments of lighting, ventilation, or structural safety.

Q3: What is the approximate cost of handling such disputes over neighboring rights?

The litigation fees shall be paid in accordance with the "Measures for the Payment of Litigation Costs" (implemented on April 1, 2007). For property cases, the fees shall be calculated based on the proportion of the subject matter; for non-property cases, the fees shall be paid per case. Disputes involving removal of obstructions are usually charged per case, and the losing party shall bear the fees or share them proportionally. For applications for provisional measures, the applicant shall also provide a guarantee or pay the provisional measure fees. The attorney's fees shall be determined on a per-case basis, based on the proportion of the subject matter, or through time-based negotiation, and shall be subject to the written power of attorney. If daylighting appraisal or structural evaluation are involved, appraisal fees will also be incurred. It is recommended to make a budget in advance.

Q4: How long does it take for such disputes to be settled from the filing of the case to the issuance of the judgment?

Civil cases subject to simplified procedures are generally concluded within three months, and ordinary procedures usually take six months; cases involving appraisals, assessments, or investigations by administrative authorities will take longer, and if one party appeals, the second-instance trial usually takes about three months. If the illegal construction can be confirmed through administrative investigations before initiating civil litigation, the timeframe may be relatively shorter. During the period of infringement, the rights holder may apply for provisional measures to stop the infringement in advance to prevent the expansion of losses.

Q5: If I discover that my neighbor has illegally built a structure, what should I do specifically now?

It is recommended to proceed in four steps: First, fix the evidence, take comprehensive photos and videos and keep the original time information, and record the impact on lighting, traffic and safety; Second, communicate in advance, communicate with neighbors, property management and neighborhood committees in writing and keep the records; Third, make an administrative report to the competent urban and rural planning departments or urban management law enforcement departments in writing, and request a processing certificate; Fourth, seek legal protection. If no agreement is reached through consultation, entrust a lawyer to file a lawsuit for removal of obstacles, and if necessary, apply for preservation. For urgent situations involving structural safety, promptly request the administrative authorities to stop the behavior.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits. →Legal services for the purchase and sale of real estate·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.