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| Shadows are cast by a new residential complex facing an apartment at Gwacheon Jugong Apartment Complex No. 8, Monday. / Korea Times photo by Lee Suh-yoon |
Access to sun sparks legal disputes between buildings
By Lee Suh-yoon
For Kwon Ri-o, a 62-year-old homeowner at a state-built apartment complex in Gwacheon, just south of Seoul, the real estate boom in his neighborhood is more than just a changing landscape with new high-rises.
It brought an end to a public commodity he enjoyed for over 20 years from his sixth-floor apartment ― natural light.
"The sun used to come all the way in here," Kwon said, pointing to the dark kitchen floor on the opposite side of the room during a midday visit on Monday. "Now, I have to keep the lights on at all times."
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| Kwon Ri-o stands by the balcony of his sixth-floor flat in Gwacheon Jugong Apartment Complex No. 8. Both the view and sun are blocked by a new condominium complex. / Korea Times photo by Lee Suh-yoon |
The new complex being built by Daewoo Engineering and Construction forms a dense screen of tall towers lining its northern side, a common arrangement used by developers to cram in as many flats as possible while making sure the buildings in its own compound do not block each other from sunlight from the south. The arrangement has set up what Kwon calls a "fortress wall" in front of his apartment, which directly faces the northern side of the new complex.
About 80 of some 112 homeowners in Kwon's building have filed and won a compensation suit against the developers. Each received a settlement of between 40 million won ($34,500) and 100 million won.
In its decision, the court, as in previous rulings, set the "tolerable" minimum hours of sunlight one should be guaranteed continued access to in their homes to 4 hours a day (calculated on the position of the sun in a winter solstice). According to a study submitted to the court, the new condominium complex caused the average duration of sunlight reaching the neighboring apartments to drop from 6.5 hours to 38 minutes a day.
Legal battles over the right to light are becoming more common as buildings grow taller and denser in the greater Seoul metropolitan area. Though only around 10 to 20 cases reach the courtroom each year, the conflict arises anywhere a mass-scale residential complex redevelopment takes place, says Urban & Human, a law firm that specializes in these disputes.
"The (shadow impact) standard in building laws for getting the construction permit in the first place are less strict than the (shadow impact) standard adopted by the courts for deciding on a damage suit," said Lee Seung-tae, head of Urban & Human.
"Developers know about the court's building standards and the possibility of compensation suits but they still choose building arrangements and heights that ignore these stricter standards to maximize their profit."
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| A dying weeping fig at resident Kwon Ri-o's flat in Gwacheon Jugong Apartment Complex. / Korea Times photo by Lee Suh-yoon |
Kwon, who inherited the flat from his parents, is pursuing a separate compensation deal with 21 other households who did not take part in the first class action lawsuit mediated by Urban & Human, saying the compensation sum agreed on by the first group is too small compared to his losses. His parents, like other home owners in the building, paid an extra premium for the flat compared to other blocks because the building offered the brightest flats with the best mountain views in the complex.
Kwon's apartment is also zoned for redevelopment but it will probably take another 7 years or more for his own building to be built anew with better views.
Tenants who are ineligible for compensation are choosing to leave.
"My husband and I will move away soon. The mountain view we enjoyed here is blocked now," Lee Jung-nam, a 65-year-old tenant on the 13th floor, said. "We are a little better off than the others because our flat is located in the upper corner of the building but it's still too dark to bear."
A retired French literature professor, Kwon does not have plans to move out just yet. He says he spends much of his time outside now, jogging or taking walks.
His potted plants at home, however, started dying after the house grew dark. He was forced to send most of them to his son's flat in a neighboring block. Dead leaves continue to pile up under a weeping fig that still remains in his living room. He says the dim lighting and blocked views at home make him feel ill.
"People need some natural light and air circulation at home," he said. "How could they build up a fortress wall like that in front of our home?"
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