Painting without a permit? Discover your rights!

Questioner

3 years ago we went to the municipality to ask if we were allowed to paint our house in the color gray and if we needed a permit for that, it concerns a semi-detached house, the permit officer spoke to us and told us that no permit was required for white and gray that these colors were always allowed, so we were happy and after asking three times whether we were really allowed to paint our part of the house without a permit and he really said that this was allowed, we started painting three years ago, but now after three years we have received a letter from the municipality that we have to return the front facade to its normal state after three years, while we politely asked and were verbally promised that it was allowed without any problems, what now?

Lawyer

Painting is not to be considered as building within the meaning of the General Provisions of Environmental Law (Wabo) and therefore not subject to a permit. Therefore, no environmental permit for building is required for carrying out painting work (see also the rulings BR 1999/789 and BR 1979/412). It is possible that the paintwork seriously conflicts with reasonable requirements of aesthetics (colour scheme). In the latter case, the municipality can take an enforcement decision based on article 13a of the Housing Act. The municipality can then, for example, oblige you to adjust the paintwork. In case of doubt, always contact the municipality first. For painting a monument, an environmental permit for changing a monument may be necessary. Painting window frames in the same colour is permit-free, but if you want to paint it in a different colour, this is subject to a permit.

Lawyer

In addition to the above. You write that you have received a letter from the municipality. My advice is to (in order to prevent loss of rights) at least file a pro forma objection to the contents of the letter from the municipality in good time (within six weeks).