The Forensic expert kollegium conducts forensic and pre-trial expertise to determine the compliance of structures with insolation and illumination standards.
In connection with the recent intensive construction of houses in the Republic of Belarus in urban and suburban areas, cases of violation of insolation standards have been increasingly considered in civil proceedings. Insolation is the direct solar irradiation of the interior of residential and public buildings, residential areas. When performing construction works, especially on personal plots, cases of retreat of plots from the approved architectural projects or the general development plan of the partnership by the owners have become more frequent. With the relatively small size of some household plots and with the significant height of the buildings being built nearby, a significant part of the neighboring plots is constantly in the shade for a long period of the day, which negatively affects the growing season of heat-loving plants and causes the owners of neighboring plots to feel depressed.
According to the sanitary rules and norms "Hygienic requirements for providing insolation to residential and public buildings and residential areas", approved by the Decree of the Ministry of health of the Republic of Belarus on April 28th, 2008 № 79, based on the optimal efficiency of insolation, the estimated time of the year is set - March 22th and September 22th, as well as the indicator of the minimum insolation time, which for the Republic of Belarus at the estimated time of the year for premises of residential and public buildings should be at least 2.5 hours of continuous insolation. Year-round darkening of the facades of buildings and residential areas is not allowed. Semi-annual shadows (from September 22th to March 22th) should not exceed 10% of the territories of residential areas free from development, complexes of health care institutions and recreational institutions in total area.
When appointing a forensic expertise on compliance with the norms of insolation, it is necessary for the parties to find out whether their requirements relate to darkening of the window openings of buildings or to partial darkening of a personal plot. In the latter case, it is necessary to find out on which part of the site area significant darkening occurs in accordance with the above sanitary rules and regulations. Together with the case materials, it is necessary to submit a technical passport or a statement of technical characteristics for a residential building, a certificate of state registration of a capital structure, a certificate of state registration of a land plot (a state act on a land plot), a catalog of turning points of the boundaries of the land plot, a diagram of communication with objects and terrain contours of the turning points of the boundaries of the land plot, development plans for plots.
As a rule, the following question is put forward for permission of a forensic expertise on the fulfillment of insolation standards: “Does the building (construction materials in the form of an unfinished construction object) or tree planting comply with the insolation standards established in the Republic of Belarus?”
You can consult on the appointment of a forensic construction and technical expertise to determine the compliance of structures with the norms of insolation and illumination at the Forensic expert kollegium at: Minsk, Zhukovskaga St., 11A, 4th floor
or by phone +375 (17) 317 04 71; +375 (17) 317 04 72; +375 (17) 317 04 73; +375 (17) 317 04 74; +375 (17) 317 04 76; +375 (44) 588 60 11
K.Dadzkou
