When determining the value of a property, many factors must be considered. Among them, features such as a right to a panoramic view or natural light can significantly influence market value. A sunset over Lake Balaton seen from your living room may greatly enhance the value of your property—but what responsibilities does a developer have to avoid interfering with such amenities on neighbouring properties?
What Is the “Right to a Panoramic View”?
Hungarian law does not expressly recognise a “right to a view”. Rather, this concept has been developed and refined through court decisions over the past decades. The Civil Code simply states that a property owner must refrain from any conduct that would needlessly disturb others—especially neighbours—or endanger their rights.
Hungarian case law has gradually built on this provision, acknowledging that a property’s view, access to sunlight, or visual privacy may have legal protection when their loss results in a reduction of property value.
View, Overlooking, and Sunlight – Where Are the Legal Boundaries?
A developer may not construct a building that unjustifiably blocks a neighbour’s view, limits sunlight, or allows overlooking into private areas. A typical example is when a neighbour who once enjoyed a scenic panorama of the city is left staring at a newly erected, windowless wall.
Crucially, a building permit does not provide absolute immunity. Hungarian courts have ruled that even legally permitted construction may constitute unnecessary disturbance and result in liability for damages.
Courts May Establish Liability Despite Valid Building Permits
The mere fact that a construction project has been approved by the authorities and complies with regulations does not exempt the developer from legal responsibility. If the new building causes significant loss of value to neighbouring properties—especially due to a blocked view or loss of sunlight—the developer may be required to pay compensation, even in the absence of any violation of building codes.
What Do Courts Consider in These Cases?
Hungarian courts assess the following:
– Fit with the local urban landscape: If the new structure does not deviate significantly from what is customary in the area, the risk of liability is lower.
– Degree of unnecessary disturbance: If slight design modifications could have avoided the disturbance and the developer failed to act, this can weigh against them.
– Burden of proof: It is the neighbour’s responsibility to prove that the new construction caused a decline in their property’s value through unnecessary disturbance.
How to Minimise Legal Risks
The key is prevention. Already at the design stage, developers should:
– Survey the neighbouring buildings and assess whether any panoramic view or access to sunlight may be affected.
– Consider whether the disturbance could be deemed unnecessary.
– Modify the design where needed to reduce potential conflicts with neighbouring properties.
Summary
Although Hungarian law does not formally recognise a “right to a panoramic view”, case law has created significant legal exposure for developers whose construction projects negatively affect neighbouring properties. A project that complies with building regulations can still result in civil liability, especially if the impact was avoidable. Responsible developers should evaluate local conditions early on and seek legal advice when necessary to avoid future disputes.
—
📞 Need legal advice before launching a construction project or facing a neighbour dispute?
Contact our office with confidence.
Dr. Katona Géza, LL.M. ügyvéd (Rechtsanwalt / attorney at law)
___________________________________
Katona és Társai Ügyvédi Társulás
(Katona & Partner Rechtsanwaltssozietät / Attorneys’ Association)
H-106 Budapest, Tündérfürt utca 4.
Tel.: +36 1 225 25 30
Mobil: + 36 70 344 0388
Fax: +36 1 700 27 57