Right of view in condominiums: analysis of ordinance no. 15906 of 2024

Recently, the Court of Cassation issued ordinance no. 15906 of June 6, 2024, which deals with the right of vertical view exercisable by owners of individual apartments within a condominium. This ruling represents an important clarification regarding the rights of condominium owners and the limitations imposed by adjacent constructions. Let's analyze together the salient points of this ruling and its practical implications.

The right of vertical view

The Court established that the owner of an apartment has the right to exercise the vertical view down to the base of the building, and can therefore oppose any construction that may prejudice this right. This principle is based on Article 907 of the Civil Code, which already establishes a balance between the neighbor's right to privacy and the right of view, highlighting the importance of light and air for the health and well-being of the inhabitants.

Vertical or plumb view exercisable from the openings of individual condominium apartments - Owner's right - Existence - Consequences - Basis. 136112 PROPERTY - "INSPECTIO ET PROSPECTIO IN ALIENU M" In general. 136113 PROPERTY - "INSPECTIO ET PROSPECTIO IN ALIENUM" - LATERAL OR OBLIQUE In general. The owner of an individual floor of a condominium building has the right to exercise the vertical view from their openings down to the base of the building and consequently to oppose the construction of another co-owner that, directly or indirectly, prejudices this right, without the needs for balancing with the rights of ownership and privacy of the neighbor being relevant, as art. 907 of the Civil Code has already balanced the interest in the same privacy with the social value expressed by the right of view, since light and air ensure the hygiene of buildings and satisfy the elementary needs of those who inhabit them.

Consequences of the ruling

The decision of the Court of Cassation has several practical implications for condominium property owners:

• Recognition of the right of vertical view as a fundamental right for the habitability of living spaces.
• Possibility for owners to oppose constructions that may limit their visibility and access to natural light.
• Clarification on the irrelevance of others' privacy needs compared to the right of view.

This ruling represents an important step in protecting the rights of condominium owners, emphasizing the principle that the habitability of living spaces must also be guaranteed through respect for the right of view. The Court has taken into account the importance of light and air, essential elements for the health and well-being of condominium residents.

Conclusions

In conclusion, ordinance no. 15906 of 2024 provides clear direction regarding rights of view in condominiums. Owners can feel more protected in their rights, being able to oppose constructions that would limit access to light and air. It is essential that condominium owners are aware of these rights and the actions they can take to protect them, thus ensuring a better quality of life in their living spaces.