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PROPERTY LAW – SERVITUDE
You’ve just installed a window in your house in Nice. Your neighbour is threatening to sue you over a view servitude. The vast majority of disputes of this kind in Nice come down to a miscalculated angle or distance. Yet the rules are clear: Article 678 of the Civil Code requires a minimum distance of 1.90 metres for a direct view, and a window angled at 45° can change everything. So who’s right?
What you see – and what it’s really hiding
Your window overlooks your neighbour’s garden. You measured 2 metres from your wall to their boundary. As far as you’re concerned, that’s fine. But the issue isn’t just the distance. The viewing angle matters too. Field experience regularly shows a window sitting 1.80 m from the boundary but angled 30° toward the ground: the neighbour could see directly into the dining room. The expert concluded this was an unlawful view servitude.
What no one tells you: case law considers the actual viewing angle, not just the horizontal plane. A low window creates a plunging view, making it more intrusive. Blog 678 and 679 of the Civil Code distinguish between a direct view (perpendicular) and an oblique view (angled). The calculation isn’t optional.
The calculations that change everything: distance, angle and height
For a direct view (perpendicular to the boundary), Article 678 requires a minimum distance of 1.90 m between the window and the boundary. For an oblique view, Article 679 reduces this distance to 0.60 m. But beware: the viewing angle is measured from the nearest point of the window to the boundary. Formula: minimum distance = 1.90 m / cos(α) for an oblique view, where α is the angle between the perpendicular to the window and the direction of the view. Concrete example in Nice: your window is 1.50 m from the boundary, and the viewing angle is 30° (looking sideways). The equivalent oblique distance is 1.50 / cos(30°) = 1.73 m. That’s less than 1.90 m, so the servitude isn’t established. However, if the angle is 45°, the oblique distance becomes 1.50 / 0.707 = 2.12 m, which exceeds 1.90 m: the servitude exists. What this means in practice: the wider the angle, the greater the effective distance. In Nice, the courts apply these calculations strictly.
What happens if you do nothing
Ignoring the dispute means risking a demolition order. In a 2021 ruling by the Nice Judicial Court (formerly the TGI), a window deemed too close had to be bricked up at the owner’s expense: €4,500 in work, plus €2,000 in damages. Within six months, the situation escalates: the neighbour can petition the summary proceedings judge for an expert assessment. Within two years, if you sell, the defect may be discovered and reduce the sale price by 10 to 15%.
What about secondary issues? An undeclared view servitude can block a building permit. In Nice, the local urban plan (PLU) prohibits any direct view within less than 1.90 m. If you disregard this, the town hall may refuse a future extension.
Remedies and guarantees: what you can demand
Article 678 of the Civil Code (first paragraph) states: “No one may have direct views over a neighbour’s property unless there is a distance of nineteen decimetres between the wall where they are created and that property.” Article 679 sets out the rules for oblique views. If you believe your window is compliant, send your neighbour a registered letter with acknowledgment of receipt citing these articles, then bring in a construction/urban planning expert for a joint on-site assessment. If the dispute persists, file a claim with the Nice judicial court. In practice, prior mediation resolves the vast majority of cases. Don’t let it drag on: in Nice, proceedings typically take 12 to 18 months.
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📅 Updated on 08/08/2026 – By Cassini Expertise, independent building expert serving the Alpes-Maritimes (06) & Var (83). Free quote: 04 22 46 06 04.
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Frequently Asked Questions
What distance applies to a view servitude in Nice?
For a direct view, the minimum distance is 1.90 metres between the wall where the view is created and the neighbouring property. For an oblique view, this distance is reduced to 0.60 metres. These rules are set out in Blog 678 and 679 of the Civil Code.
How do you calculate the angle of a view servitude?
The angle is measured from the vantage point (the centre of the window or opening) to the lateral boundaries of the neighbouring property. For a direct view, the angle must be perpendicular to the wall, while for an oblique view, the angle must be less than 45 degrees relative to the property line.
What can you do if view servitude distances aren’t respected?
If the distances aren’t respected, the neighbour can take legal action to stop the infringement and claim damages. It’s advisable to consult a real estate law attorney to assess the possible remedies and limitation periods.
See also: View Servitude in Nice: Calculating Distance and Angle Under the Law · Balcony Overhang Servitude in Nice: Measuring, Your Rights · Natural Servitude of Dominant Land: Slope Calculation in Toulon
Survey carried out by Frédéric Faucouneau, independent building expert – Antibes, Alpes-Maritimes (06), Var (83), Bouches-du-Rhône (13). Find out more
📅 Last updated 02/11/2026 - Cassini Expertise, independent building expert – departments 06, 83 and 13.