Where a town planning regulation

Application pratique:

Under this case law, the maximum fence height must be measured from the ground level of the lower-lying neighbouring land, not from the buyer's own higher ground. The buyer should immediately ask the seller for written confirmation that the fence complies with the local planning rules, and if it does not, negotiate either a price reduction of around €2,000 to cover lowering the fence or require the seller to rectify it before completion. Failing to check now could lead to a future neighbour dispute and costly enforcement action by the local council.

Application pratique:

The court's ruling means the fence's height must be assessed from the lower neighbour's ground level, so the landlord cannot rely on the higher terrace level to argue compliance. As the property owner, the landlord is responsible for ensuring the fence meets the local planning rules, even if the tenant installed it. The landlord should promptly inspect the fence, measure from the lower side, and if it is over height, either ask the tenant to remove or shorten it immediately or arrange for the work to be done and deduct the cost from the tenant's deposit. Acting quickly avoids a formal notice (mise en demeure) from the council and possible daily fines.

Application pratique:

This case law clarifies that when adjoining plots have a level difference, the maximum permitted fence height is measured from the lower-lying garden, so the proposed fence would be non-compliant at 2.5 metres. The co-owner who wants the privacy should not proceed without first checking the copropriété rules and seeking written consent from the syndic, as exterior modifications often require approval. The safest approach is to propose a compliant fence that, when measured from the lower garden, does not exceed 1.8 metres—for example, by using a lower solid panel with a trellis on top that does not add structural height. If agreement cannot be reached, the co-owner may need to request a formal decision from the syndic or seek legal advice, but litigation should be avoided due to cost and time.