A day of suffering The opening in a wall on a property line is not an acquired right, but the neighbor does not have the right to block it. Unlike a window, a “day of suffering” is an opening intended to let light in, but which does not open and does not allow you to see outside. By law, it must be at least 1.90 meters above ground level on the first floor, and 2.60 meters above ground level on upper floors. It can be opened without authorization, but its owner can also be forced to remove it, as it does not restrict the rights of the neighboring owner.

Obstruction without further formalities would be an abnormal neighborhood disturbance justifying compensation, the Court of Cassation ruled. “The Court of Appeal rightly stated that if days of suffering do not, in themselves, entail a restriction on the neighbor’s right of ownership, this principle does not preclude the possibility of obtaining compensation for the damage resulting from their obstruction.“explains the French Supreme Court, in a decision handed down on October 3, 2024.

Abnormal inconveniences

In this case, a neighbor, having decided to extend his own house, had filled in the opening in the gable next door, and the owner had complained of being left in the dark. A day of suffering in a wall is a simple tolerance that can be put an end to, and this operation can therefore not justify compensation for abnormal neighborhood disturbance, said the author of the work. What’s more, he pointed out, sunlight and light intensity are not guaranteed in an urban environment, according to the usual jurisprudence.

But if no one is obliged to respect and maintain a day of suffering pierced in a wall on a property line, the judges declared, its owner can obtain compensation for the prejudice resulting from the obstruction if it exceeds normal neighborhood annoyances. And the loss of light and ventilation in a room exceeds these normal inconveniences.