Legal Assistance for Roof Terrace and Property Rights

Questioner

Ir/Madam My neighbours have a roof terrace, this was built without permission from the municipality, so no building permit has been issued. It also protrudes approximately 5 cm over my property boundary. Due to the privacy law, I want to build a canopy on my property, but this is not possible at the moment because the roof terrace is in the way. Can I have this roof terrace removed? The roof terrace has been there for many years. Before, I have never had any problems with the neighbor who kept an eye on us by regularly peeping. A friend has been living here for about 3 years and he thinks that peeping is necessary, hence the desire to make a canopy. Is there a law that states that after a number of years nothing can be done about this? Awaiting your reply; Kind regards,

Lawyer

I advise you to contact the municipality regarding the granting of permits for the roof terrace and your canopy. The fact is that the roof terrace may not protrude over your property. You can have it removed.

Lawyer

The municipality has a principle obligation to enforce in the event that something has been built without a permit. At the moment that no permit can be granted for that either, then demolition is the only option for the neighbors. If for whatever reason the municipality is unwilling or unable to take enforcement action, you can still go to the ordinary court for violation of your property rights. For more information, please contact me directly