Is it possible to make a claim against a neighbour for obstructing the sun?

It is generally agreed that noise from a neighbour can constitute a major nuisance, and these days one can also claim for obstruction of the sun.

The loss of the right to a view and the sun can be considered as constituting a nuisance by a neighbour, entitling the plaintiff to compensation (appeal court decision of 20 January 1999), without proof of an infraction being required.

This situation is most likely to occur when a building is constructed adjacent to the property.

However, the court will refer to the context of the case and the building's surroundings to determine whether or not this constitutes a nuisance by a neighbour.

Consequently, in built-up areas it would be very difficult to prove obstruction of the sun.

However, in a sparsely populated area the construction of a building may be deemed to cause an obstruction of the sun to the neighbouring property (Versailles Court of Appeal, 7 November 1982).

Furthermore, the nuisance caused must be excessive and constitute an abuse of a right by the party having the building constructed, who is the cause of the obstruction of the sun.

If the nuisance claim were upheld, the plaintiff would be entitled to redress for the damage caused, on the basis of article 1382 of the Civil Code, in the form of damages and/or by the cessation of the nuisance by the neighbour.