Neighborhood noise: Your rights regarding windows and gardens

Questioner

A year ago we bought a house (townhouse) with a small garden. The house of the neighbours next to us looks straight into our garden with a window. The window is at a height of about 2m. Normally you should not be able to look directly into our garden (but into the sky). However, an internal change was made so that there is now a staircase along the window so that everyone who climbs the stairs can look straight into our garden. This staircase was not there a few years ago (or so I understand because I did not live there at the time). The building of the neighbours has been there for 100 years, our house is also from 1900. The window is therefore directly adjacent to our garden (so it is on the property boundary). Now I wonder if the neighbours should not blind this window. I have mentioned this to the neighbours and they agreed, but have now changed their minds. How exactly does this work?

Lawyer

According to the law, it is stipulated that you may not have windows within a distance of two meters from the property boundary. This distance is calculated from the window to the property boundary (the boundary between your land and that of your neighbors). An exception is that it is allowed if these windows are opaque and cannot be opened. And of course, the windows may be there if the neighbors have given permission. In that case, there should be a statement from a notary or similar. The same rule applies to balconies and roof terraces. It may happen that your neighbours are going to renovate and that their building plan conflicts with the above rules. The municipality will in principle not refuse the building application if a window or balcony is built too close to the property boundary. In this way, it could be that the previous neighbours/residents gave permission for this at the time. The view is also subject to legal requirements, including direct views. What is important is that it concerns the direct view. Imagine that you are standing in front of your own window and looking straight ahead. If the distance from the window to the property boundary is less than two metres, then the window is placed in conflict with the law on neighbours. If you can look diagonally into your neighbours' garden, then the two-metre distance rule does not apply. You can certainly look into the garden of the neighbours on the side from the window or dormer window. But that is not a direct view. If the garden of the neighbours behind is within two metres of the window or dormer window, which is very unlikely, then the window or dormer window should not be built. But that is beside the point.

Questioner

Dear Jeroen, thank you very much for your response. I do wonder how this relates to existing situations. This situation is an existing situation in an old city district and has been like this for 100 years, does a statute of limitations apply then? However, I am a new resident of the building/garden that the window of the neighbours looks straight out onto. And in this case, the old indoor situation was changed a few years ago. In the old situation, the window was 2 m high and you could not look straight into the garden, but a few years ago the neighbours made an indoor change, namely a staircase was built along the window. So the upstairs residents can always look straight into my garden when they go to their upstairs apartment. How does that work?

Lawyer

In response to your comment, it is possible that the stairs were installed in consultation with the previous residents. A permit was requested at the time regarding an internal change, with an associated objection procedure. If this is approved, all these 'new rights' will be transferred to the new tenant/owner (transitional law).

Questioner

Dear Jeroen, thank you very much for your response. I do wonder how this relates to existing situations. This situation is an existing situation in an old city district and has been like this for 100 years, does a statute of limitations apply then? However, I am a new resident of the building/garden that the window of the neighbours looks straight out onto. And in this case, the old indoor situation was changed a few years ago. In the old situation, the window was 2 m high and you could not look straight into the garden, but a few years ago the neighbours made an indoor change, namely a staircase was built along the window. So the upstairs residents can always look straight into my garden when they go to their upstairs apartment. How does that work?

Lawyer

In response to your comment, it is possible that the stairs were installed in consultation with the previous residents. A permit was requested at the time regarding an internal change, with an associated objection procedure. If this is approved, all these 'new rights' will be transferred to the new tenant/owner (transitional law).