My neighbor wants to renovate his house and as a result, my view will be affected. What are my rights?
December 11, 2023 | 45,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
My name is Claudia Schlosser and I am reaching out to you with a question regarding neighborhood law. My neighbor is planning to renovate his house, and I am concerned that this will impact my view. The current situation is that I have a beautiful view of the surrounding landscape from my house. The planned renovation of the neighbor's house poses a risk of significantly restricting my view.
I feel very uncertain about this situation and wonder what rights I have in this case. Can my neighbor simply renovate his house without considering my interests and my property? Are there any legal regulations that protect my view and can assist me in this conflict?
I would be grateful if you could provide me with possible solutions to clarify my situation and protect my rights. It is important for me to find a fair and legally correct solution to this problem so that I can continue to enjoy my view in the future.
Thank you in advance for your support and expertise in this area.
Sincerely,
Claudia Schlosser
Dear Mrs. Schlosser,
Thank you for your inquiry regarding neighborhood law in relation to your neighbor's planned renovation of their house. It is understandable that you are concerned that your view may be affected by the construction work. In such cases, it is important to keep an eye on the legal regulations in order to protect your rights.
In Germany, neighborhood law is regulated in the Civil Code (BGB). Among other things, there are regulations regarding the so-called "setback area law," which is intended to ensure that neighbors are adequately protected from disturbances. An owner must adhere to certain setback limits in order not to excessively affect their neighbor's sunlight, ventilation, or view.
Therefore, if your neighbor wants to renovate their house, they may have to comply with certain setback regulations. If they do not comply and your view is actually affected as a result, you could take legal action. In such a case, it would be advisable to first contact your neighbor and discuss the issue. If no agreement can be reached, you could consult a lawyer specializing in neighborhood law to represent your interests.
It is important to emphasize that each case must be considered individually and there is no one-size-fits-all solution. The specific legal options depend on various factors, such as the specific renovation project, local building regulations, and the individual relationship with your neighbor.
Therefore, I recommend seeking professional legal advice promptly to clarify your situation and discuss possible actions. I am available in my online office hours to further discuss your questions and explore possible solutions.
Thank you for your trust, and I hope that together we can find a suitable solution for your concern.
Sincerely,
Oliver Ratzberg
