European Court of Human Rights Upholds the Tenant's Basic Human Right to Install a Satellite Dish - Real Estate

Could you imagine satellite dishes in the heart of our areas of Outstanding Natural Beauty? On the Colleges in Oxford or paths within Westminster, Kensington along with Chelsea? Grade I listed buildings having satellite dishes around them? Conservation areas where councils have gone to great lengths to preserve the character of the area full of satellite dishes? Imagine no more this might be about to be a reality! Using a satellite dish has been pronounced by the Equality and Human Rights Commission (EHRC) to be a basic human right. Therefore any local authority, or indeed property owner blocking a property owner or tenant from putting in a satellite dish will be breaching that persons human rights and as such would be guilty of breaching the Human Rights Act 1998.

The EHRC has issued "Human Rights at Home" guidance based on a recent case heard in the European Court of Human Rights. The case concerned a case in Sweden in which two tenants installed a satellite dish in breach of the terms of their tenancy. The Landlord evicted them following a dispute over the dish; The Landlord had ordered the removing of the satellite dish and they had refused.

The judges at the European Court of Human Rights ruled that the Swedish government has failed in the 'positive obligations' to protect the tenants' right to receive information. It was found that satellite dishes come under the remit of Article 10 of the European Convention on Human Rights:

Article 10: Freedom of expression- Everyone has the the basic right to hold and communicate beliefs freely, even if they're unpopular. This includes expression through speaking in public and through demonstrations plus leaflets, newspapers or on the on the web. Individuals have the right to obtain opinions andinformation.

At the moment, in the UK you have the statutory right to erect your satellite broadband or even satellite TV dish on your house providing that:-

1. You own it 2. Your house isn't positioned in a "designated area" (Areas of Outstanding Natural Beauty), within National Parks such as the Broads, within conservation areas or World Heritage sites). 3. There aren't any restrictive covenants in the deeds or lease of the property that expressly prevent satellite antennas. Satellite dishes commonly are considered 'Permitted Development' and therefore don't require planning consent in areas that aren't within a conservation area, an Area of Outstanding Natural Beauty or World Heritage site.

The new "Human Rights at Home" direction has apparently angered Ministers who believe it's an illogical restriction on Government attempts to protect conservation area that would be blighted by the big metal dishes.Grant Shapps, the housing minister, explained that the Human Rights Act threatened to drive "a horse and cart through planning laws and also tenancy agreements".

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