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A couple in France, named only as Mr and Mrs Z, got more than they bargained for when undertaking what they thought was a simple window replacement in their apartment.

They changed a set of translucent windows (panes of glass that let light through without being fully transparent), with sliding, transparent windows. 

However, a neighbour, identified as ‘Mr B’, was unhappy with the renovation.

The window was in a shared wall looking out onto his small courtyard and ground floor apartment, and he argued that the change impacted his privacy.

'Loss of enjoyment'

Mr B sued his neighbours, requesting that they replace the clear glass with textured glass, swapped the sliding structure for a fixed frame and glass, and that they compensate him €5,000 for his “loss of enjoyment”. 

He claimed he only found out about the new windows after they had been installed. 

A court originally ruled in favour of the couple, finding that the new windows replaced an existing opening and did not change the original footprint. It also noted that the neighbour, when originally informed of the work, did not formally oppose the renovation. 

However, Mr B appealed to the Cour de cassation, France’s highest court, which overturned the original ruling earlier this year.

It said that no opening, even one replacing an existing opening, may be created or modified in a shared wall without the express consent of the neighbour. 

Mr and Mrs Z’s defence was that the changes did not alter the location or dimensions of the pre-existing opening. They also claimed they had verbally informed their neighbour of their plans to carry out the work. 

'Silence is not consent'

However the Cour de cassation ruled that verbally informing a neighbour without getting their formal consent was not sufficient. 

“The neighbour’s silence can in no case be interpreted as consent," the court said in its ruling. 

It added that "only clear, express, and unequivocal consent allows legal intervention on a shared wall". 

The couple should have asked their neighbour for a written and signed agreement before starting their renovations. They were ordered to pay €5,000 in compensation and to change the windows so Mr B would have his privacy back. 

A shared wall is defined as a single structure that separates your property from a neighbour’s. It is often a fence between gardens, but can be a brick wall or a hedge. 

According to Article 653 of the Civil Code, you must get a neighbour’s permission before creating openings, doors or windows in the wall. 

If you suspect a neighbour has done work to a shared wall without getting your consent, you can pursue legal action, or inform your mairie if you think the work does not have planning permission.