Legal Advice on Pergolas and Municipal Permits

Questioner

We have placed a pergola around the front garden. First called the municipality to ask if this was allowed without a permit. The answer was that this was allowed, as long as it was not closed off as a fence and everything remained open against which plants were allowed to grow. Unfortunately, a telephone promise was made. Now the municipality says that this is not a pergola but a building and is not permitted. They say that a pergola is a construction with slats with an arch above it against which plants grow according to the Dikke van Dalen. But in my opinion this is not only with arches but it can also be straight. Who is right now? Is it allowed or should we, as the municipality says, make it 1 meter high, so that it is no longer a pergola and a flag on a dredger? I would like to add pictures but I don't think that is possible here.

Lawyer

A pergola comes in various sizes and types and therefore it cannot be assumed that only 1 type with an arch. As a municipality you can also miss the mark in this case. I would certainly object to this decision. Either by yourself or by a lawyer. Whether there are further possibilities, I can only judge if I would have earned myself in the case. If you would like further help and/or advice, please feel free to contact me.

Lawyer

According to the explanatory memorandum of the bblb (previous permit-free regulation), a pergola should be classified as garden furniture. Permit-free garden furniture may be realized up to 2.5 meters according to Appendix II. You can always contact me so that I can look into this further.