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It cannot be held against the judges
Droit Foncier

It cannot be held against the judges

📅 Decision of 19 August 2026🔄 Updated on 14 October 2026⚖️ Cour de cassation👁️ 7 views📖 2 min read

The trial judges who ordered the removal of a window opened on the boundary of two properties cannot be criticised for having refused the defendant the option of installing fixed glass panes, since, by a necessary interpretation of the imprecise terms of the submissions, which did not indicate the characteristics of the proposed alteration, they held that the defendant intended to place fixed glass panes in the already existing opening, which was situated at a height that did not meet the requirements of Article 677 of the Civil Code.

Reference decision: cc • N° 74-12.631 • 1975-11-06 • View the decision →

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

The trial judges who ordered the removal of a window opened on the boundary of two properties cannot be criticised for having refused the defendant the option of installing fixed glass panes, since, by a necessary interpretation of the imprecise terms of the submissions, which did not indicate the characteristics of the proposed alteration, they held that the defendant intended to place fixed glass panes in the already existing opening, which was situated at a height that did not meet the requirements of Article 677 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to note

  • Strictly comply with the statutory time limits for appeals
  • Keep all your supporting documents (title deeds, deeds, correspondence)
  • Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation for €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Legal information

  • Number: 74-12.631
  • Court: Cour de cassation

Keywords

droit immobilierjurisprudencefoncier

Practical use cases

1

Landlord's low window over neighbour's garden ordered removed

A landlord in Bordeaux owns a terraced house. In 2023 he installed a new window in a side wall facing the neighbour's garden, with the sill 1.4m above the floor. The neighbour sued for removal under Article 677.

Practical application:

The court applied Cass. cc 74-12.631, confirming that a window on the boundary must meet the minimum height for views (usually 1.9m for straight views). Offering to fit fixed glass panes does not cure the breach if the opening itself is too low. The landlord should remove or raise the window to the legal height (at least 1.9m for straight views) before any further work, and consult a French property lawyer to avoid daily fines.

2

First-time buyer inherits non-compliant window in Lyon flat

A first-time buyer in Lyon is purchasing a ground-floor flat. The seller's disclosure does not mention that the kitchen window overlooks the next-door courtyard with a sill height of 1.2m, below the Article 677 minimum. The buyer discovers this only after signing the compromis de vente.

Practical application:

This case shows courts strictly enforce height rules even after purchase; the buyer could face a removal order like in Cass. cc 74-12.631. Before completing the sale, the buyer should have the window height measured and, if non-compliant, negotiate a price reduction or require the seller to regularise. If already bound, seek legal advice immediately, as a neighbour can demand removal regardless of the buyer's good faith.

3

Co-owner opens low window onto neighbour's private courtyard

In a Parisian apartment building, a co-owner renovated their second-floor flat in 2024 and created a new window in a wall facing the adjoining building's private courtyard. The window sill is 1.6m above the floor, and the neighbour owner has complained.

Practical application:

The ruling in Cass. cc 74-12.631 means the co-owner cannot simply install fixed glass panes to avoid a straight view; the opening must comply with Article 677 height rules (1.9m minimum for a straight view). The co-owner should either block up the window or raise it to the legal height, and should do so promptly to avoid a court order for removal plus damages. Consulting a French avocat specialising in copropriété is advisable before any works.

Maître Cécile Zakine

About the author

Maître Cécile Zakine — Lawyer at the Alpes-Maritimes Bar, Doctor of Law. Every article in this magazine is based on the analysis of a real court decision, commented and put into perspective by Maître Zakine’s team.

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Disclaimer: The analysis presented on this site is for informational purposes only and does not constitute personalised legal advice. For advice tailored to your situation, contact a qualified lawyer.

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