Legal Advice on Serre and Buren


Questioner

Living situation: 4 under one roof We live in a middle-sized house and have a conservatory built in 2000, 3m deep and 2.80 m, attached to the house and sloping towards the outside of the conservatory, 2.40 m, all on private land. Now our neighbours want to build a conservatory of 4 metres deep and as a result the neighbours' (sloping) conservatory roof will be higher than ours and we will be looking at a piece of wall instead of blue sky. Is this allowed or do they have to take into account the slope of our conservatory roof so that it looks the same?

Lawyer

The term 'accessory structure' is used as a collective term for extensions, such as additions and outbuildings, but also for outbuildings, canopies and other types of structures with a roof on the main building. This explicitly does not include dormers, skylights, property or plot boundaries, playground equipment, flagpoles and (satellite) antennas. Specific conditions for permit-free construction apply to these categories. You also have to deal with the easement. Article 37 Not to cause any hindrance The owner of a property may not, to an extent or in a manner that is unlawful under Article 162 of Book 6, cause nuisance to owners of other properties, such as by spreading noise, vibrations, stench, smoke or gases, by withholding light or air or by depriving them of support. In your case, I would confer with the neighbors over a cup of coffee. Of course, you can contact me without obligation for further information.

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