Installing a fence or boundary can be a source of contention among neighbors, especially if it's done without prior consultation. This article discusses the rules surrounding fences and boundary boundaries, and what you can do if you encounter them.
General rules for placing a fence
According to the Civil Code (Article 5:49), a property boundary, such as a fence, may be erected up to a height of 2 meters without a permit, provided it is located on the property boundary. There are, however, exceptions:
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Environmental permit required
Fences higher than 2 meters generally require an environmental permit. This also applies if the fence restricts natural light or the view for neighbors. -
Agreements with the neighbors
If a fence is placed directly on the property line, this must always be done in consultation with the neighbors. Without their permission, the fence may only be placed on private property. -
Rules in the zoning plan
Some municipalities have specific regulations regarding the height and placement of property boundaries, particularly around carports or front gardens. You can check these regulations in your municipality's zoning plan .
Specific situation: fencing under and in front of a carport
Fence under the carport (180 cm high)
A 180 cm fence under a carport generally remains within the permitted height. However, if the fence is on the property line and was installed without prior consultation, the neighbor may object. If the fence is entirely on private property, it can generally be installed without permission.
Fence for the carport (150 cm wide and 180 cm high)
Stricter regulations apply to a fence in front of a carport, as it may be located in the front garden or public space. Most municipalities allow a maximum height of 1 meter in the front garden. If the fence exceeds 1 meter, the municipality may require its removal or modification.
What can you do if neighbors put up a fence without consulting you?
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Check the rules in your municipality
Consult the zoning plan and any municipal regulations. This can often be done via your municipality's website. -
Talk to your neighbors
A good conversation can prevent many legal problems. Ask why they didn't consult and whether they're willing to compromise. -
Engage a mediator
If negotiation isn't possible, a mediator can help find a solution. -
Taking legal action
If the fence was placed on the property line without permission or violates the zoning plan, you can demand its removal through the court. To do so, you must first give the neighbors written notice of default.
Conclusion
Installing a fence under a carport or in the front garden without consulting your neighbors can lead to conflicts. Rules vary by situation and municipality. Always check local regulations and try to negotiate with your neighbors. If a disagreement persists, legal advice is recommended.
