Property Boundary and Pergola: What You Need to Know

Questioner

Our neighbours want to build a pergola on the property line. We don't want that because we have a good fence. my question is: How far from the property line do they have to stay to build something higher than 2 meters? yours sincerely,

Lawyer

A pergola basically falls under the category of garden furniture. A pergola is understood to mean: 'a flower guide, without closed parts' and 'an open structure of stone, metal and/or trellis, intended for climbing and trained plants to grow along.' The construction of a pergola is therefore legally exempt from a permit, provided that the pergola is not higher than 2.5 m and is placed in the backyard on the neighbours' own property. There is no minimum required distance to the property boundary and your permission is not required for this. If the above description and the requirement of a maximum of 2.5 metres are not met (for example if the pergola has a closed roof), this is considered a building and additional requirements must be met and in some cases a permit is required. Once such a permit has been granted, you can object within 6 weeks. If your neighbours actually build a pergola that meets the above description, then you can take action if the pergola is built on the property line or partly on your plot. At that point, the neighbours need your permission, because the property line is jointly owned. Also, in the event that the pergola is used as a property boundary, the rule applies that it may not be higher than 2 metres, unless this is further regulated in local legislation. Another reason to take action is if there is unlawful nuisance. This includes serious damage to your view or depriving you of light in your home or garden. Given that you indicate that the pergola is a maximum of 2 metres, (however annoying this may be) there will not quickly be a case of unlawful nuisance. The most important advice is: try to anticipate any conflict with your neighbours as much as possible or resolve it through consultation.

Questioner

Thanks for the answer. It's strange that a fence on the property boundary may not be higher than 2m, but if you put something against the fence, it may suddenly be 2.5m. In addition, plants will grow on top of it and the whole thing will become even higher. Which article of the Civil Code is this?

Lawyer

The difference is in the neighbours' own plot that is considered their property and the pergola that is considered garden furniture. This while the property boundary is considered joint property. The relevant articles of law are Article 5:37 of the Dutch Civil Code, Article 2.3 paragraph 1 in conjunction with Appendix II, Article 2 paragraph 10 of the Environmental Law Decree and any local laws and regulations in your own municipality.