Saturday, May 31, 2008

Blocked Windows in Co-op or Condo

This issue recently came up - when buying a house, condo, etc. with an empty space of land next to it, does the guy who owns the ajacent land have the right to block your windows?
Simple answer - he can build whatever he wants on his land. So anyone can block your windows - you don't have the right to light, air, etc. Pretty scary.

P.S. to the best of my knowledge, there are no zoning laws against blocking neighbors' windows.

3 comments:

yfeld said...

What about the non simple answer? Are there no zoning rules that can force the contractor to move a few feet deeper into his property?

Lev said...

If you look at most new condo developments in Brooklyn, you'll notice that the side windows are very scarce and small. The reason is because of the "Lot line windows" regulation, discussed for example here: http://permitspace.blogspot.com/2007/09/lot-line-windows.html

It takes into account the fact that another building may come up next to you, and prohibits having large windows on that side. Therefore it shouldn't be too terrible if someone builds next to you and blocks your small bathroom or staircase window for example.
Big buildings generally purchase air rights of adjacent lots so that their windows cannot be blocked by subsequent development.

Albert Gurevich said...

No zoning, as far as I can tell