Value your view

22-10-2003

It's official — a house's view is an integral part of its value. A full bench of five Appeal Court judges has, in a recent far-reaching decision, found in favour of a Durban homeowner who took the council to court for approving a development that would spoil his view.

The Appeal Court found that a city council that approves building plans that would spoil a neighbour's view is acting unlawfully and infringing on the rights of the owner.

Although the latest Appeal Court case has only now set the legal precedent for future such cases, property valuers have long used view as a value determinant, says Erwin Rode, CEO of property valuers Rode & Associates.

"It's just common sense. Besides, strict statistically-based studies in North America also confirmed this. The multi-variable statistical model that the City of Cape Town used for its valuation of January 2000 also employed view as a value determinant. The court case confirmed this.

"But view is relative. If the view is reduced to 160 degrees from 180 degrees, will the value of the home be significantly reduced? This is a much harder question to answer, and the facts surrounding a specific case should determine the outcome.

"The court finding confirms though that view is an added value to a home, and that a council cannot remove this value by its own negligence."

Many court cases are expected as a result of this legal precedent, says Rode.