Legal Advice for Neighborhood Disputes | Legal Aid Center

Questioner

We have a shared chimney. Our neighbours want to remove it, but we do not want this. Despite mutual consultation, they stick to their position. According to our municipality, we can only take action (by means of an objection) when a permit is applied for and a municipal decision has been made. Based on previous experiences, we are afraid that our neighbors will start removing the plant without a permit or even on their own. What can we do?

Lawyer

The neighbour not only needs permission from the municipality (environmental permit), but also your permission because it concerns a shared chimney. You can indeed only object to the environmental permit once the permit has been granted (for 6 weeks). You can already make it known to the neighbour that you, as co-owner of the chimney, do not agree to its removal. I advise sending a letter to the neighbour (or having it sent by a lawyer) in which this is stated and in which the neighbour is also held liable in advance for the damage that occurs if he does remove the chimney. Make sure you have good photos of the current situation so that you can later prove that damage has occurred. If at any time your neighbour decides to demolish the property without a permit, you can warn the municipality and request enforcement.