Do you have the right to a view?

Do you have the right to a view?

Do you have the right to a view?

COLLARD v BRISBANE CITY COUNCIL [2009] QPEC 62

Do you have the right to a view?

Scenery is important when considering real estate. Where a house is located along with its surroundings have the ability to drastically alter its value. However, if you have paid for a house that has a view of the Brisbane CBD let’s say, does that mean you have the right to that view? The answer is no.

This is noted in the case of Collard verse the Brisbane City Council in 2009, where a house was approved to be built at a height of 9.5 metres. A neighbour submitted an appeal to the council in order to reduce the height of the house to 9.2 metres to keep his/her view.
The matter was taken to court and his Honour held that “there is no right to a view from one’s property in Australian (or British) law.”

This is definitely something that home buyers need to keep in mind when buying a home. If you are buying a house on top of a hill per say, it may be of interest to you to consider whether your view could be impeded, thus protecting the value of your home.

Therefore, as much as it may be unfair to you that a new building takes away the view that you have specifically paid for, this is in no way a necessity that you have the right to have.

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