Suppose your neighbor complains about rainwater flowing from your roof or yard onto his property and demands that you install your own downpipe. Are you required to comply? And what are your rights and obligations regarding rainwater drainage? In this article, we explain the law and the legal steps you can take.
Natural drainage of rainwater: what does the law say?
According to Article 5:52 of the Dutch Civil Code, a lower-lying property must accept water that naturally drains from a higher-lying property. This is called the right of overhang . Your neighbor cannot, in principle, demand that you completely block rainwater if it reaches his property naturally.
👉 Exception: If you deliberately make changes that cause more or faster water to flow to your neighbor's property (for example, by sawing off a drainpipe or paving your garden without drainage), your neighbor can object to this.
Is your neighbor entitled to his own rainwater drainage?
There are situations in which you may be required to install your own rainwater drainage system:
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If your rainwater enters the neighbor's property through a construction.
- Do you have a gutter or downspout that discharges water directly onto your neighbor's property? Then you are obligated to adjust it. According to Article 5:56 of the Dutch Civil Code, water may not enter the neighbor's property via a man-made structure without permission.
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If local regulations or an ordinance apply.
- Municipalities may have regulations regarding rainwater drainage. Some municipalities require homeowners to arrange for their own rainwater drainage, for example, through a rain barrel or infiltration crates.
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In case of nuisance and damage.
- If your rainwater causes structural nuisance or damage to your neighbours (for example, subsidence or moisture damage), your neighbour can file a legal complaint and even claim compensation.
What can you do to prevent conflicts?
✔️ Consult with your neighbor : A conversation can often prevent many problems. Perhaps a joint solution is possible, such as a shared drain or a gutter along the property line.
✔️ Check municipal regulations : Some municipalities even encourage subsidies for water drainage, such as installing a rainwater tank or green roof solutions.
✔️ Seek legal advice : Does the dispute persist? A legal advisor can help you determine whether you have an obligation and what steps you can take.
Conclusion
In principle, you are not obligated to install your own downpipe if the water drains naturally . However, if your downpipe discharges water onto your neighbor's property via a structure, or if damage occurs, your neighbor can demand that you take action. Consultation and clear agreements can prevent many legal problems.
