Building without a permit: What are you allowed to do at the property boundary?


Questioner

We would like to build a garden house (shed) with a roof. Total length is 5.5 m by 2.5 deep, of which shed 2.5 x 2.5 and roof 3x2.5. We want to place this outbuilding as close to the property boundary as possible. The zoning plan states that we may place a maximum of 80 m2 of outbuildings. We currently have 57 m2 of outbuildings, so that would come to a total of 70.75 m2. The outbuilding will be placed approximately 2 meters from the house. I have read that this may be a maximum of 30 m2, which also includes us. If all goes well, is placing it then permit-free? My next question is, are we allowed to place this shed against the property line? I read mixed messages about it only being allowed to be 10m2 meters of surface of the total shed. But I also read that it is allowed to be 10 m2 within 1 meter of the property line. Then it would not cause any problems, because in our case this would be 5.5 m2 meters against the property line.

Lawyer

Keep permit-free - building (https://www.rijksoverheid.nl/onderwerpen/bouwregelgeving/checken-of-vergunning-nodig-is-voor-ver-bouwen/vergunningvrij-bouwen-en-verbouwen) and the area permitted for outbuildings in the zoning plan are well apart. The fact that you may still have space for an additional outbuilding based on the zoning plan does not automatically mean that you may build this without a permit. On the other hand, if you are allowed to build (additionally) without a permit according to the regulations mentioned above, do not apply for an expensive environmental permit for this building. If the construction is partly permit-free and partly permit-required, it is useful to first carefully consider how you will approach the permit application (submit an application for everything and explicitly indicate which part is permit-free or only apply for the part requiring a permit). In principle, building against (but not over) the property boundary is permitted (unless the zoning plan prescribes otherwise), but it can lead to (unlawful) nuisance to which your neighbours can object (to the municipality) if an environmental permit is required and/or can directly request a ban from the civil court.

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