Condominium Views Toward Neighbouring Land: Distances

Condominium views toward a neighbour's land are subject to precise distances. To open a direct view at least one and a half metres are required between the outer line of the view and the boundary, under Article 905 of the Italian Civil Code; lateral or oblique views require seventy-five centimetres under Article 906. Conversely, an owner who already holds the right to have direct views toward the neighbouring land can prevent that neighbour from building closer than three metres, as Article 907 provides. These rules protect privacy and air between adjoining properties.

Lights and views: the starting distinction

The Italian Civil Code distinguishes lights from views. Lights, governed by Articles 900 and following, let in light and air but do not allow one to lean out over the neighbour's land. Views, or prospects, instead allow one to look out and lean comfortably toward the adjoining land. Only views impose the distances of Articles 905, 906 and 907, because only they allow inspectio and prospectio, that is, looking out frontally and leaning out.

A balcony, a terrace, a window one can lean out of are views. A small high opening, with a grille and a fixed frame, meeting the requirements of Article 901, is a light. This qualification is decisive because it completely changes the regime of distances.

Direct views: one and a half metres (Art. 905)

Under Article 905 of the Italian Civil Code, direct views may not be opened toward the neighbour's land unless there is a distance of one and a half metres between the land and the nearest outer line of the view. The measurement is taken from the outer face of the wall in which the view opens, or, for balconies and projections, from their outer line. The distance also applies to direct oblique views that open on the side of a wall.

In a condominium the issue arises when new openings are made in the facade, windows are turned into French doors, or balconies are built toward an external adjoining property. Every intervention of this kind must respect the minimum distance, save any right already acquired.

Lateral or oblique views: seventy-five centimetres (Art. 906)

Article 906 imposes a smaller distance, seventy-five centimetres, for lateral or oblique views, that is, those from which the neighbouring land is seen not frontally but sideways. The measurement is taken from the nearest side of the window or opening from which the view is exercised. Here too what matters is the concrete possibility of leaning out, not the mere existence of an opening.

• Direct view: frontal outlook, minimum distance one and a half metres
• Lateral or oblique view: sideways outlook, minimum distance seventy-five centimetres
• Light: passage of light and air without outlook, requirements of Art. 901
• Distances are measured from the outer line of the view or opening

Building in front of the neighbour's views: three metres (Art. 907)

Article 907 protects an owner who has already acquired the right to have direct views toward the neighbour's land: in that case the owner of the adjoining land may not build closer than three metres, measured according to the criteria of Article 905. The rule prevents a new construction from suffocating a lawfully existing view. The right of view may derive from the original respect of distances, from a title, or from adverse possession if the view is apparent and permanent.

For the condominium this means two things. On one hand, the building cannot erect additional storeys or structures that invade the protected space in front of the neighbour's views. On the other, if the condominium holds established views, it can oppose the neighbour's constructions that are too close.

Who decides and how to protect oneself

View issues often concern the facade and the structure, and therefore common parts. Works affecting legal distances must be resolved by the owners' meeting and, when they touch the architectural appearance or alter common parts, require the majorities set by the Italian Civil Code. Openings on individual properties remain the concern of the single owner, but they cannot violate the distances toward the external neighbour.

In the event of a violation, the harmed neighbour can seek restoration, that is, the closure or setback of the opening, in addition to compensation. Documenting the state of the premises, the dates of the works and any authorisations is therefore essential. Management software such as AmministraPro lets the manager store designs, resolutions and communications with neighbours in an orderly way; the features are described on the /funzioni page, while the plans are shown on the /prezzi page.