Having a Satellite Dish is a "human right"!

Stinicker

http://www.dailymail.co.uk/news/article-2023359/Having-satellite-dish-human-right-says-European-court.html


From time to time we hear of people in apartments being banned from having a satellite dish this certainly sheds new light on the topic now!

Stuxnet

you can own one, that still doesnt give you the right to drill into walls you dont own

FRIENDO

iPwnage wrote: »

you can own one, that still doesnt give you the right to drill into walls you dont own

On reading the link in the number 1 post, the European judges seem to have a different view to yours.

watty

This is old news.

It's been the case for years that if a Development owner or management company won't let you mount a Dish and Aerial, they are in theory obligated to provide a Communal feed (NOT a cable Pay TV system) of Aerial & Dish. They can't stop you clamping to balcony railing or tripod on balcony. You do need permission to drill their wall though on rented property.

This ruling is confirmation and repeat of previous ones.

You can be prevented by local planning laws of having dish on front of house or above roof. There are mounting solutions to those restrictions.

Tony

If this is indeed confirmation of a "Human right" then planning laws cannot be used in cases where the owner has no choice but to put the dish in a visible area.

watty wrote: »

You can be prevented by local planning laws of having dish on front of house or above roof. There are mounting solutions to those restrictions.

redout

ECtHR Judgement.

watty

Tony wrote: »

If this is indeed confirmation of a "Human right" then planning laws cannot be used in cases where the owner has no choice but to put the dish in a visible area.

That would be a very small number of cases, and I agree. But any regular house you can mount on rear wall with dish above gutter "looking over" the roof.

Tony

watty wrote: »

That would be a very small number of cases, and I agree. But any regular house you can mount on rear wall with dish above gutter "looking over" the roof.

Hardly Watty since there are large numbers of apartments so any block that does not provide a FTA feed for a satellite that the tenant wishes to view to each apartment would be affected by this.

montgolfiere

here in the Languedoc/ Roussillon Region of France, this judgment will be very interesting to many Expats ,Irish/UK, as many Seaside appartments and developments have rules banning dishes especially if 'in view'....(the coast faces East so !!!!!?????!!!! not much choice as to where to site dishes!!!!!......
we also have the added problem of regular NW 100+ KPH winds, so the north wall mounted 'Dish in the Air' Solution is a non starter.....as it is only really feasible to mount Dishes with the shelter of a wall or chimney....otherwise they can be blown off alignment every couple of months!!!
the Skyman

watty

Tony wrote: »

Hardly Watty since there are large numbers of apartments so any block that does not provide a FTA feed for a satellite that the tenant wishes to view to each apartment would be affected by this.

I did say "regular house"

Apartments should have communal dish(es) with four feeds and Communal FM/DAB/TV aerial. Each apartment should have 2 x feeds to living room and one to bedroom. Each coax feed can have FM/DAB/TV/Sat at same time. Diseqc /Multiswitch with 28.2 as "1" so Sky boxes work.

If they won't install this (and it should have been standard by law for last 6 to 7 years), then people should be allowed to drill their own dishes wherever.

Tony

watty wrote: »

If they won't install this (and it should have been standard by law for last 6 to 7 years), then people should be allowed to drill their own dishes wherever.

That would be my view too

Cantona's Collars

This topic was discussed on The Last Word this evening,the simple explanation given was anybody is entitled to mount a dish if there is no discreet alternative such as cable tv.
It won't matter how much your neighbour gets annoyed-there is nothing they can do if you have to put up a dish for tv reception.
We've had countless threads on people in apartments not being allowed to erect dishes and being held to ransom by management companies.This ruling could be used as a loophole for residents to utilise if they want satellite tv if the on site provider doesn't fulfill their needs.;)
As with anything that may cause hassle,common courtesy and forethought would be a given.

STB

There are a few different things being discussed here.

First of all you cannot just drill in your own dish in an apartment complex. The area owned by individuals is the apartment interior, the rest is owned by the management companies including the exterior walls etc.

To avoid subsequent demands for the installation of numerous individual satellite dishes on apartment complexes, developers are encouraged to consider the potential for locating communal dishes as part of the overall design, e.g. at roof level. (DOE Guidelines)

Most apartment complexes worth their salt have communal dishes systems.

This "human right" is nothing new but is not carte blanche for renters thinking they can do what they want. For a start, the first people that will not be happy are the property owners who have a covenant that they have signed up saying they wont install their own individual dishes.

There is nothing more unsightly than a load of different dishes hanging out of the exterior of any group of buildings.

For those stuck with Pay only services they should be aware that the NCA ruled about 2 years ago who gave a best before date for such agreements ceasing. That date has passed.

Mountjoy Mugger

STB wrote: »

the NCA ruled about 2 years ago who gave a best before date for such agreements ceasing. That date has passed.

Does the NCA have any legal clout?

I was of the impression that they were toothless, i.e telliing us what they feel, giving "opinions", making "recommendations".

JHet

Sorry to dig this thread up.

Given the guidelines outlined here and the ruling in the ECHR:

Does this effectively mean that the banning of satellite dishes in house rules of apartment complexes has no legal basis if a communal dish is not provided?

watty

We can't give legal advice on Boards. You need to talk to a solicitor. Very many things have no legal basis or are illegal, but you may need legal advice or action to achieve much.

JHet

Sure I understand.

watty

Seek advice of a real solicitor is the only advice I can give.