Estonia's justice chancellor has found that requiring bedrooms to have openable windows and natural light is constitutional, even in homes with mechanical ventilation.
Then-justice chancellor Ülle Madise, now Estonia's president, issued the opinion after attorney Carry Plaks challenged a regulation requiring every living room, bedroom, workroom and kitchen to have at least one openable window and natural light.
Plaks argued the rule excessively restricted property rights and imposed unnecessary architectural and financial burdens, preventing windowless interior spaces even in buildings with mechanical ventilation from being used as bedrooms.
In her response, Madise said the requirement serves a clear and important purpose: ensuring a safe and healthy living environment suitable for round-the-clock use.
"People's health can change, and someone who is ill may have to spend much of the day in their bedroom or remain in bed for an extended period," she explained, noting that natural light and the ability to open a window to air out the room are especially important in such cases.
An openable window also serves as a backup if the mechanical ventilation system fails.
Costs do not make the rule unconstitutional
Plaks also noted that the regulation, issued by the economy and infrastructure minister, sets no minimum window size. Madise stressed, however, that the requirement is not a formality: it calls for sufficient natural light, ruling out token solutions that fall short of accepted building practices, such as attic-style spaces.
She acknowledged that windows can affect a building's layout, construction costs and how a property can be used. But such costs do not by themselves make a requirement unconstitutional.
"All building requirements — whether for fire safety, accessibility, ventilation or energy efficiency — can increase construction costs or limit how space is used," the justice chancellor said.
She said the Ministry of Climate, as the policymaker which oversees the sector, could assess whether advances in construction technology and modern housing practices might eventually allow windowless living spaces.
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