THE NEW CONSTITUTIONS OF THE EMPEROR LEO.
~  CXIII  ~
GALLERIES, COMMONLY CALLED BALCONIES, SHALL BE CONSTRUCTED AT A DISTANCE OF TEN FEET FROM A NEIGHBORING BUILDING, AS THIS HAS BEEN PROVIDED BY LAW WITH REFERENCE TO OTHER STRUCTURES.



 
S. P. Scott, The Civil Law, XVII, Cincinnati, 1932 ).
 

 

  Whatever the ancient authorities provided with reference to the erection of houses and other structures is extremely judicious, and they were right in directing that a distance of ten feet should be left between neighboring buildings. But as their laws on this subject do not make any provision for galleries or balconies as they are designated, which were devised for the purpose of providing protection from the light, and receive their name from the sun (for they are called solar porticoes), and nothing was enacted with reference to them, We have deemed it necessary to promulgate the present law to prevent the litigation to which they undoubtedly will give rise Therefore, We decree that between such structures, as between all others, a space of ten feet shall be left, for if this distance has been prescribed between buildings in order to prevent the violation of privacy, the same reason exists for establishing it between constructions of this kind, and it seems even stronger in this instance as they are more exposed. For it is certain that anyone who is seated or employed in the interior of his house can easily escape the observation o± his neighbors, because there are walls between them; whilst the galleries or balconies to which We allude are open on all sides. Hence We order that no one shall place such balconies nearer than ten feet from the adjoining buildings; and We add that anyone who desires to change the facade of his house, and cover it with marble, cannot do so unless the space of ten feet still remains between his building and that of his neighbor, unless some right authorizing him to do so exists; or the time established by law for acquiring title by prescription has elapsed after the work has been completed; or a house has been erected by virtue of an agreement; as, under such circumstances, it shall remain in the same condition, even though the prescribed distance of ten feet from the adjacent building has not been maintained.