Can my neighbour open a window facing my property?

Question

José Manuel Alburquerque · Accepted Answer

Yes, but in a wall of their own and observing certain distances. In Catalonia, to open a window or a balcony directly facing your property, there must be a space of at least one metre on the neighbour's land between the boundary and the wall, or the edge of the balcony if there is one. This only changes if the town planning rules, local ordinances or local custom set a different measurement. If the window is in a wall adjoining the wall of your house, for example because the two façades run on in a continuous line, it must be at least forty centimetres from the boundary of your property. If they do not observe those distances, you can require them to close it up or adapt it. The distances in Catalonia The “Código Civil de Cataluña”, the Catalan Civil Code, lays down these rules for adjoining houses and properties: Windows, balconies and other projecting structures that directly face the neighbouring property need a clear space of one metre on the land of whoever opens them. It is measured at right angles from the wall or, if there is a balcony, from its outermost point. If the town planning rules, local ordinances or local custom set a different width, that width applies. The rule also applies to openings that only serve to let in light, even if they do not allow anyone to look out. A window in a wall adjoining the neighbour's must be at least forty centimetres from the boundary of the property. If the walls and a balcony form an acute angle, there must be one metre between the balcony and the line where the two walls meet. In a party wall, which is the wall shared by the two neighbours, windows cannot be opened without the other's agreement. If your neighbour has an easement of light and view in their favour, which is the right to receive light or to have a view over someone else's property, the situation changes. In Catalonia it can only arise from a title, such as a deed. If it exists, it is you who, when building, must leave a clear space in front of the neighbour's window. In most of the rest of Spain, the Spanish Civil Code (“Código civil”) requires two metres for direct views and 60 centimetres for side views. It does, however, allow the owner to make, in the wall bordering the neighbour's property, small light openings measuring 30 centimetres on each side, next to the ceiling and with a grille, which the neighbour can block up if they build. If the window does not observe the distances You can require your neighbour to close it up or adapt it to the distances. This is what the law calls the “acción negatoria”, which serves to put an end to whatever interferes with your property and can be brought for as long as the window remains open. If it has also caused you damage, you have three years to claim for it from when you become aware of the interference, in this case from when you know that the window is open. Before suing, the law requires, in general, an attempt to reach an agreement, for example with a written proposal or mediation. If the work was done without the permit or notification required by the town council, you can also ask the council to inspect it. The fact that the window has been open for years does not, by itself, give the neighbour the right to keep it, because in Catalonia easements are not acquired with the passage of time. In a building divided into flats, opening a window in the façade is also a separate matter, because the façade belongs to the owners' association (the “comunidad de propietarios”).