Windows overlooking a neighbour in France: the distances

Direct view, oblique view: the legal distances

Definitions. Service-public.gouv.fr speaks of a direct view when the opening lets you see straight into the neighbour’s property without leaning out. An oblique view only offers indirect visual access, by leaning outside (fact sheet F76).

Measurement. The distance is measured from the outer face of the wall containing the opening. For a balcony or projection, it is measured from its outer line to the dividing line (art. 680). The rule applies whether or not the neighbouring land is enclosed (art. 678).

Outdoor features. The distances also apply to balconies, terraces, conservatories and outdoor staircases. They also apply to accessible roof terraces and raised ground levels that give a view onto the neighbouring land. The PLU (local development plan) may impose a greater distance (F76).

One exception. The distances do not apply if the part of the neighbouring land overlooked is already subject, for the benefit of your land, to a right of way (servitude de passage) that prevents buildings from being erected on it (art. 678 and 679).

Openings without a view. A window that looks only onto a wall, a closed roof or the sky is not subject to these distances, according to service-public.gouv.fr (F76).

Light openings and party walls

In a party wall: agreement required. Neither neighbour may, without the other’s consent, make any window or opening of any kind in the party wall, “even with fixed glazing” (art. 675) (our translation).

In a non-shared wall on the boundary. Its owner may make openings or windows with iron mesh and fixed glazing (art. 676):

• an iron grille whose mesh openings are one decimetre at most;
• a fixed-glazed frame (châssis à verre dormant), i.e. one that does not open;
• a position 26 decimetres (2.60 m) above the floor or ground of the room on the ground floor, and 19 decimetres (1.90 m) above the floor on upper floors (art. 677).

Service-public.gouv.fr specifies that their size is not regulated and that the distances from the boundary do not apply. The same goes for fixed glass-block walls, which let light through without allowing anyone to see through (F76).

A discrepancy worth noting. Fact sheet F76 describes a light opening as a fixed frame “of translucent glass”. The Civil Code requires fixed glazing and an iron grille, without mentioning translucency (art. 676). To be compliant, follow the conditions of article 676.

A view gained after 30 years, a view lost after 30 years

A continuous and apparent easement. The Civil Code classes views among continuous easements (art. 688). A window is a sign of an apparent easement (art. 689). Continuous and apparent easements are acquired by title or by thirty years’ possession (art. 690). A view opened less than 1.90 m from the boundary and exercised without challenge for thirty years can therefore become a right. The destination du père de famille (an arrangement made by a former single owner of both properties) also counts as title for these easements (art. 692).

Extinction. Any easement is extinguished by thirty years of non-use (art. 706). For a continuous easement such as a view, this period runs from the day of an act contrary to the easement (art. 707).

The general rules on easements are set out in our guide on servitudes (easements).

Planning permission and the neighbour’s remedies

Planning. Creating an opening changes the external appearance of the building: a déclaration préalable (prior declaration of works) must be filed at the town hall. A permis de construire (building permit) is required if the works involve a change of use and alter the load-bearing structure or the façade (F76). The processing time for a prior declaration is 1 month from filing (F17578). For a balcony, a raised terrace or a conservatory, the choice depends on the floor area covered: see our guide permis de construire ou déclaration préalable (building permit or prior declaration). According to F76, ground-level terraces do not need authorisation outside protected areas.

Civil action. If the distances are not respected, the neighbour can go to the tribunal judiciaire (civil court). The judge can order the openings to be made translucent or the features to be demolished, and order the person responsible to compensate the harm (F76). An attempt at conciliation, mediation or a procédure participative (collaborative procedure) is compulsory before going to the judge when the claim is for a sum not exceeding €5,000 or concerns an abnormal neighbour nuisance (trouble anormal de voisinage) (code de procédure civile (Code of Civil Procedure), art. 750-1).

Which professional to consult

The géomètre-expert (chartered land surveyor) fixes the dividing line and measures the distance between the face of the wall, or the outer line of the balcony, and that boundary. The notaire (notary) drafts the deed creating a view easement agreed with the neighbour and, on a purchase, searches the title deeds for easements.