Neighbours · Views and windows
A window, a balcony, a deck overlooking next door. The Civil Code sets a distance, and renovations routinely ignore it.
The text
Article 993: "No person may have upon neighbouring land direct views less than 150 cm from the dividing line. This rule does not apply in the case of views on the public thoroughfare or on a public park or in the case of panelled doors or doors with translucid glass."
What counts as a direct view
An opening that lets you look straight onto your neighbour's land: window, balcony, gallery, raised deck. The distance is measured from the dividing line.
The lights exception
Article 995 opens a door: fixed translucid lights may be made in a wall that is not a common wall, even if it is less than 150 cm from the dividing line. Translucid, so no one sees through; fixed, so it does not open.
That is the standard answer when you want daylight without a right of view.
Where this surfaces
An extension, a new window, a deck added on a garage roof: done without thinking about distance. The problem appears later, on the certificate of location, when the land surveyor records the situation.
The practical tip
Before cutting an opening or building a deck near the limit, measure from the dividing line, not from your wall. They almost never coincide.
Where this surfaces: the certificate of location
Most of these situations do not come to light in an argument over the fence, but in a document: the certificate of location. The land surveyor measures, records an encroachment, a fence off the line, a structure too close to the limit. The notary reads it before signing.
That is why we request the certificate early in a transaction, never the week of the notary. A problem found eight weeks before closing gets solved. Found eight days before, it kills sales or forces a full renegotiation.
Three habits before listing
- Re-read the existing certificate of location and check whether it still matches the property, especially after an extension, deck, garage or fence.
- Settle what can be settled while no buyer is waiting. A written agreement with a neighbour beats a negotiation under pressure.
- Document what cannot be settled, so you present the buyer with a solution instead of letting them find a problem.
Related
Frequently asked
How close to my neighbour can a window be?
Article 993 prohibits direct views less than 150 cm from the dividing line.
Are there exceptions?
Yes: views on a public thoroughfare or public park, and panelled doors or doors with translucid glass.
Can I still get daylight?
Article 995 allows fixed translucid lights in a wall that is not common, even under 150 cm.
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 10 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.