French Party Wall Law

[Robbo]

Hi all.

My friend has had a holiday home for some years in France.  There is an ajoining building/barn which has been purchased by someone for a renovation project.  The owners have told my friend that they would like to open a window for natural light in the party wall directly overlooking his garden.

My friend is worried that because he only visits France for holidays that he may return to find the neighbours have constructed a massive window in his absence.  He is quite open to oblige his neighbours and permit a non opening window with frosted glass but only if its not going to cost him financially.

Does anyone have any knowledge of party wall regulations in France? 

Is it similar to UK where constuction can only happen by mutual written agreement? 

Would a Notaire be the first point of enquiry as to drawing up a contact of permitted works to a party wall and if so does he need a letter from the neighbours confirming that they will accept all legal costs in the negotiations?

TIA

Robbo

[Chancer]

I believe that they have the right to create a 1m2 opening with glass bricks, perhaps even a frosted glass window without permission or consulting the neighbours, I have one in my only elevation that gets any sun, the west and it lets in copious amounts.

If I were your friends I would give my assent in writing for this and nothing more on the basis that they may go ahead anyway.

P.S. It sounds more like a boundary wall, a party wall would be one seperating the living accomodations of  mitoyenne properties, I am assuming that the wall is on the neighbours land and he owns it, best to confirm.

[pachapapa]

Does anyone have any knowledge of party wall regulations in France?

Yes just a little.

It would probably be easier if your friend joined the forum so that he/she could explain the problem better.

As Chancer suggests the wall is likely to be a boundary wall; adequately covered in the Code Civil and associated Legal Servitudes.

However there is a slight chance that it is a "mur mitoyen" with the boundary in the middle of the wall, the original intention having been to provide support for any future building using the shared portion of the wall.

This is not likely though as the purchase of the "mitoyennéte" on a boundary wall can be exercised over the area required at a later date.

Garden walls are frequently shared; buildings with shared walls are rare with an exposed wall.

[pachapapa]

A useful link explaining the nature of a "mur mitoyen".

http://vosdroits.service-public.fr/F2415.xhtml

[pachapapa]

In all probability the OP envisages the creation of a "jours de souffrance".

A useful link, scroll down.

http://vosdroits.service-public.fr/F76.xhtml

Note the following;

ils doivent être placés à 2,60 mètres au moins au-dessus du plancher en rez-de-chaussée et à 1,90 mètre au moins au-dessus du plancher en étage. Leur dimension n'est pas réglementée.

Getting your tape measure out and visiting the neighbours dwelling will indicate that the 2.60 metres and 1.90 metres requirements in a house with "normal" heights to rooms will be difficult or impossible.

Indeed short of having a conveniently placed stairwell the neighbour will probably call it a day.

Heigh Ho! No ugly glass bricks glowing in the dark.[:)]

[Robbo]

Thanks pachapapa

My friend is a complete technophobe... he has no interest in the interweb or those new fangled computer things so unlikely to ever see him in a forum I'm afraid.

The 2 properties are semi-detached and arranged in an L shape (I think that it may have been a single property many years ago). The land behind the building has been divided into 2 roughly equal rectangular gardens. 

Directly outside the backdoor of my friends house there is a 3 metre wide section of wall to the immediate right which is boundary wall of the neighbouring property... it is in this wall that they want to install windows and as a result will be looking straight down onto my friend's garden. 

Since the wall is a boundary wall using my mediocre abilities in french your second link suggests that they may only have a fixed frame translucent window a minimum height above the floor.

I'll report back to him