Even frustration has (its) price!
Has your neighbour been making your life difficult with an unpermitted building structure for several years? Have you spent time and energy trying to prevent his unjustified actions?
The Supreme Court has confirmed that it is possible to successfully claim compensation for non-pecuniary damage caused by an unpermitted building structure.
In its decision made in April this year, the Supreme Court dealt with a case involving two neighbours where the apple of discord was an unpermitted building structure - a so-called black building. This building structure was built by one of the neighbours despite an explicit prohibition by both the building authority and the court. It was a three-storey building which did not fit into the area at all and, moreover, completely overshadowed the applicant's house. The windows of the black building also provided a direct and close view into the rooms occupied by the applicant.
In that situation, the courts held that the black building caused the applicant non-pecuniary damage. In particular, the damage was incurred by the lack of sunlight and the loss of the view of the green area from the windows of the applicant's house. The applicant's right to privacy was also affected. In addition, the applicant was compensated for the frustration caused by the defendant's failure to respect the decisions of the building authority and the court. The total compensation amounted to CZK 500,000.