Legal Assistance for Neighborhood Conflicts


Questioner

Neighbors have moved their fence due to a refused building permit for an already built roof terrace on their extension. However, not to the required 2 meters. In addition, they have left large pots standing, which in my opinion still means that this is an illegal construction. They walk there to water the plants, for example. I think it is crazy while our children play underneath. Can I call in the municipal inspector?

Lawyer

As long as the fence has not been moved to the distance from the roof edge prescribed in the permit, the municipality is obliged to enforce it; so you can point this fact out to the municipality and request that it take action if necessary to ensure that the fence is placed in the correct place. As for the pots, it is different. I assume that nothing about this will be arranged in the permit and pots as such cannot be considered as fall protection ('fencing') of the roof terrace. If the pots are dangerously close to the roof edge (risk of falling in strong winds), you can point this out to the neighbours and ask them to place the pots less close to the edge and point out to them that if damage occurs to you if the pots were to fall, you will hold your neighbours liable for this. I doubt whether you can involve the municipality in advance on this point. This will only be the case if there is a general rule that prohibits placing pots on a roof. I am not aware of such a rule.

Questioner

Thank you for the quick reply, I will inform the municipality. You say; to the roof edge, I assume you mean; from the middle/property boundary?

Lawyer

You write: 'However, not up to the required 2 metres'. I now understand that you probably mean the two metres that article 5:50 of the Civil Code prescribes for windows, balconies etc. with a view of a neighbouring plot. You cannot appeal to the municipality to enforce this as such, but of course you can appeal to the fact that de facto, by leaving the fence in place (albeit after it has been moved), there is still an (apparently) illegal roof terrace.

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