Mezzanines and the 1.9m rule - HELP!

[M and J]

We are having to obey by the 1.9m rule (i.e to have windows that start at 1.9m from the floor) as our property overlooks our neighbour's roof and she is wanting to exercise her right. The question is, are there any rules on having a mezzanine - i.e. does a mezzanine constitute 'a floor' in this situation? Can we do what we want internally or does she have the right to object? Help!

[oldgit72]

If your view is of a neighbours roof, why not just have a number of veluxes instead? We are not bothering with making new holes in our barn conversion upstairs (save for a balcony window in the master bedroom which overlooks our own land) but instead have opted for veluxes which let in plenty of light and need no special permissions.

[pachapapa]

[quote user="M and J"]We are having to obey by the 1.9m rule (i.e to have windows that start at 1.9m from the floor) as our property overlooks our neighbour's roof and she is wanting to exercise her right. The question is, are there any rules on having a mezzanine - i.e. does a mezzanine constitute 'a floor' in this situation? Can we do what we want internally or does she have the right to object? Help![/quote]

The 1.9 rule has got sweet rock all to do with the height from the ground, etc, etc.

servitude légale ouverture 1,9 metres

http://www.google.fr/search?hl=fr&rls=com.microsoft:fr:IE-Address&&sa=X&ei=tf4HTOuqIMaW4gaw6NiWAQ&ved=0CBQQBSgA&q=servitude+l%C3%A9gale+ouverture+1,9+metres&spell=1

 

[M and J]

Hi, thanks for your reply - we are having veluxs as well, but the selling point of the building is the view over and beyond the neighbour's roof, hence the desire for windows on that side. The ceilings are 4m high so we were thinking of putting a mezzanine there to create extra space, but are concerned that the neighbour would have a right to object, as the mezzanine would create a view over her roof that we would otherwise be unable to see.

[pachapapa]

Still not sure what you are on about but the Civil Code allows you to put in a window, AT ANY HEIGHT ABOVE GROUND LEVEL, subject to two basic conditions of distance. Direct vue there must be a distance of not less than 1.9 metres from the boundary line with the neighbour's property; an oblique view the window must be a distance of not less than 0.6 metres from the boundary line with the neighbours property.

[IMG]http://static.pap.fr/illustrations/voisinage-les-regles-de-distance-920_245x257.jpg[/IMG]

[M and J]

Thanks - sorry but I think I missed out a vital piece of information here - there is no 1.9m gap between our boundaries as the property is terraced/attached to the neighbours house, and due to the fact that our building is only 4m wide we would be unable to bring in our windows to create such a 1.9m gap, as that would only leave us with a property 2.1m wide! Because of this the windows would have to start at 1.9m from the floor level - the question being whether a mezzanine would constitute a floor level.

[Albert the InfoGipsy]

[quote user="M and J"]the selling point of the building is the view over and beyond the neighbour's roof, hence the desire for windows on that side. The ceilings are 4m high so we were thinking of putting a mezzanine there to create extra space, but are concerned that the neighbour would have a right to object, as the mezzanine would create a view over her roof that we would otherwise be unable to see.[/quote]

The rules are in place to keep people from looking at their neighbours' property at close range. In that case the significant thing is whether you can see out of the window from any normal standing position in the house. What you seem to be trying to do is create a situation that allows you to do what the rules are trying to prevent.

I can't follow your reasoning about a mezzanine being different from any other sort of floor. 

[pachapapa]

...but are concerned that the neighbour would have a right to object,...

Nothing to do with an objection from the neighbour, one is talking of a new view, it is the law of the land which objects.

...Because of this the windows would have to start at 1.9m from the floor level - the question being whether a mezzanine would constitute a floor level....

Where do you get this idea that the window would start at 1.90 metres from the floor level?

There is a possibility of translucent bricks, where there is a minimum height for the translucent " window", but appears to have no relation to your proposal. 

[Albert the InfoGipsy]

I presume we are talking about the rules described here:

http://www.haute-savoie.equipement.gouv.fr/IMG/pdf/servitudes_civiles_cle58be21.pdf

Specifically, on p5 it says:

II- 2.3 – Les jours
L’avantage des jours sur les vues est qu’ils ne sont astreints à aucun recul. Cependant,
les jours ne peuvent être établis que 2,60 mètres au dessus du plancher de la pièce que
l’on veut éclairer si c’est un rez-de-chaussée, et 1,90 mètre s’il s’agit d’un étage.
Le jour ne doit pas pouvoir s’ouvrir, ne doit pas être transparent ...

Not exactly windows, but considering that the OP doesn't seem to think that a mezzanine counts as a floor ...

[pachapapa]

... but the selling point of the building is the view over and beyond the neighbour's roof, ...

a" jour" may not fulfill the selling point.[:)]

The mezzanine placed 20 centimetres above ground floor level is irrelevant as the "jour" can only be placed at a minimum of 2.6 metres from ground level.

 

[M and J]

The floor in which we are talking about having the mezzanine is the top floor of the property (not ground floor). So we can have windows which start at 1.9m from the floor level (as opposed to 2.6m, which is what we believe it would be if it were a ground floor).

We were of the opinion that we have a right to light but not to a view (unless we can come to an arrangement with the neighbour, which is looking doubtful). We believe that we are allowed windows below the 1.9m level only if they are opaque, which defeats the object, which is to have a view beyond the neighbour's roof (we are not worried about light as we should get plenty of that through the veluxs).

I hope this helps clear up your queries.

Our continued thanks to you all for your interest in trying to help us!