An International Comparison on Protecting Rights to Sunlight: From a Planning and Law Cross-disciplinary Perspective
Abstract：
The right to access the rays of the sun can be defined both as a public good and part of private rights. This paper analyzes the different types of rights to light, including the ones in England, America, Germany and Japan, from a planning and law cross-disciplinary perspective. Through analyzing their building codes, planning laws, and judicial cases, the authors identify three models in protecting rights to light as a mix of public-private interests: American and German systems lay down minimum standard of sunlight accessibility for the general public but does not recognize it as part of private property right; in England, “Ancient Lights”, i.e. privatized rights to light has been long recognized as a prescribed easement while there is increasing tension between that and the planning review on sunlight regulation; the Japanese system is a hybrid model including both public regulation, private coordination and judicial review. The paper later examines the judicial rules and controversies in Chinese sunlight lawsuits and proposes suggestions for protecting rights to light in the context of the new Civil Code, based on the international comparative study. Local-specific regulation, rules for privateparty negotiation, and modification of the property-right laws are recommended at last.