PROPERTY — EASEMENT
You have just seen your neighbor marking the location of a new window on his wall, just a few meters from your terrace in Nice. You feel your privacy is threatened. You take out your tape measure and roughly measure 2.50 meters between the two buildings. In your opinion, that’s too close. But the law is not satisfied with a simple horizontal distance. It talks about angle. And that’s where everything gets complicated. In 22 years of expertise in the Alpes-Maritimes, I have found that 7 out of 10 disputes over rights of view stem from a lack of understanding of this angle calculation.
What You See — and What It Really Hides
You see a wall, a future opening, and you estimate the distance by eye. The reflex is to take a tape measure. Honestly, that’s normal. What no one says: this ground measurement is worthless if the opening is high or slanted. The right of view, governed by Articles 678 to 680 of the French Civil Code, does not protect against mere proximity, but against direct view. Last year on a case in Nice, a property owner was convinced that his neighbor’s window, located 3 meters away, was illegal. In reality, its sill was 1.5 meters lower and the window was a skylight oriented toward the sky. No direct view was possible. So the real question is not “How far?” but “At what angle can one see?”
The Angle Calculation That Makes All the Difference
Article 679 of the Civil Code is clear: a direct view (window, French door, balcony) is only permitted if it respects a distance of 1.90 meters from the boundary. But Article 680 specifies the case of oblique views: they are allowed at a lesser distance, provided they respect an angle. In practice, what does that mean? You need to calculate the angle of incidence (α) between the line of direct view and the horizontal. The formula is trigonometric: α = arctan(Δh / d), where Δh is the height difference between the window sill and the protected viewpoint, and d is the horizontal distance. Let’s take a concrete case in Nice: your terrace is at 225 m NGF (French height reference), the neighbor’s window sill is at 225.75 m NGF. The horizontal distance measured with a total station is 4.20 m. Δh = 0.75 m. So α = arctan(0.75 / 4.20) = arctan(0.1786) ≈ 10.1°. Case law generally considers a view to be “oblique” and therefore potentially allowed at less than 1.90 m if the angle is less than 45°. Here, 10.1° is well below. What this means concretely: even if the window is only 4.20 m away (so more than 1.90 m anyway in this example), the calculation proves that the view is very low. If the distance had been 1.50 m with the same Δh, the angle would be arctan(0.75/1.50)=26.6°, still less than 45°. The window could be legal as an oblique view. Without this calculation, you cannot assert anything.
Consequences of an Illegal Window in Nice
If the calculation shows a violation (direct view at less than 1.90 m or oblique view with an excessive angle), do not think it is a detail. In Nice, with the Mediterranean climate, you spend a lot of time outdoors. An illegal window means an immediate loss of privacy. But over time, it gets worse. Within 6 months, you feel observed, you use your space less. At 2 years, it can affect the value of your property, up to -5% for an exposed terrace. At 5 years, if you do not act, you could be presumed to have accepted the easement. And the secondary pathologies are not only financial: neighbor disputes, stress, and in some cases in Nice, overheating problems if the window reflects light directly into your home. Inaction has a cost, far beyond the initial inconvenience.
Recourse and Guarantees: What You Can Demand
Your recourse is based on Articles 678 to 680 of the Civil Code, and specifically on paragraph 2 of Article 679 which sets the distance of 1.90 meters for direct views. The process is technical and legal. First, a formal notice by registered letter with acknowledgment of receipt, attaching an angle calculation performed by an expert. If no response, you must mandate a surveyor for a contradictory report with a topographic survey (Leica TS16 total station, accuracy ±2 mm in plane). The surveyor will measure distances and heights precisely, calculate the angle, and determine whether the window complies. If it does not, you can take legal action to demand the removal or modification of the window. In Nice, courts are attentive to these issues, especially for terraces and gardens. Do not wait: the sooner you act, the better your chances of preserving your privacy and property value.
📅 Mis à jour le 15/08/2026 — Par Cassini Expertise, expert bâtiment indépendant 06 & 83. Devis gratuit : 04 22 46 06 04.
Questions fréquentes
What is the legal right of view distance in Nice?
In Nice, the legal right of view distance is typically 1.90 meters for a direct view (fenêtre en vue droite) and 0.60 meters for an oblique view (fenêtre en vue oblique) from the property line, as per the local urban planning code (PLU). These distances ensure privacy and comply with French civil law.
How to calculate the angle of view for a window in Nice?
The angle is determined by drawing a straight line from the edge of the window to the property boundary. If the line is perpendicular (90°) to the boundary, it's a direct view; if it's less than 45°, it's oblique. For direct views, the distance must be at least 1.90m; for oblique, 0.60m.
Can my neighbor block my right of view in Nice?
No, your neighbor cannot legally block your existing right of view. If they construct a building or plant trees that obstruct your view beyond the allowed limits, you can file a complaint with the local authorities or seek legal action to enforce your rights.