Designs on sunshine: solar access in the United States and Japan

Journal Article · · Conn. Law Rev.; (United States)

OSTI ID:6080521

Takagi, G F

Laws governing solar access in the US and Japan are compared in an effort to evaluate the suitability of Japan's laws as a basis of solar law in this country. In the US, express negative easements may be developed by covenant or mutual agreements, covenants are more readily implemented in developing rather than developed communities. Negative easements by implication require proof of long-term usage or necessity of sunlight,cases based on the doctrine of ancient lights, whereby sunlight usage of at least 20 years constituted a basis for an easement, have usually been opposed by the courts. Nuisance actions for procuring solar access require a balancing of interests by the courts and where the obstructing object is considered beneficial or useful, priority over right to light has often been granted. Public actions which may be taken include statutory easements, laws of prior appropriation, energy conservation standards and building codes, and zoning regulations. In Japan, sunshine ammendments to the Building Standard Law emphasize light planes and setback standards to minimize obstruction of sunlight. Developers are required to post a sign on the area or proposed development detailing the building dimensions and construction data, neighbors may file complaints and nonjudicial settlements are encouraged. Government agencies may provide mediation or advice in disputes or may withhold building permits, the sunshine laws have not yet been proven enforceable. The financial burden of protecting the natural environment of the community is the responsibility of the developer or beneficiaries of the development. Mandated design alterations may be enforced and architects have adopted design alterations which permit solar access and include reduction in building heights or angling of upper sections on north sides of buildings.

• OSTI ID: 6080521
• Journal Information: Conn. Law Rev.; (United States), Journal Name: Conn. Law Rev.; (United States) Vol. 10:1
• Country of Publication: United States
• Language: English

Related Subjects

14 SOLAR ENERGY
140400* -- Solar Energy-- Environmental Aspects
ASIA
BUILDING CODES
BUILDINGS
COMPARATIVE EVALUATIONS
DESIGN
ENERGY
ENERGY SOURCES
ENFORCEMENT
INSOLATION
JAPAN
LAWS
LEGAL ASPECTS
NORTH AMERICA
RENEWABLE ENERGY SOURCES
SOLAR ENERGY
SOLAR RIGHTS
USA