Sun terrace approx. 2.5m high in the backyard

Questioner

Our neighbours have built a plateau of about 2.5 high in the back garden that is used for sunbathing. This gives them a wide view of our back garden and they can theoretically watch our television. We feel very uncomfortable about this, is this allowed? As a countermeasure, can I build a pergola at a height of 2.3 m, a few cm from the property boundary?

Lawyer

Your neighbours are using the plateau as a kind of balcony-like construction. It may well be prohibited if it is designated as such. Yes, you may also place a structure or garden furniture up to that height. The distance to the property boundary does not matter.

Questioner

You indicate that it could well be prohibited, what does that depend on and who decides that?

Lawyer

In case law you or I could find indication, because a balcony construction is prohibited if it gives a view of the backyard (civil) and not permit-free (environmental law). Do you want me to do that research for you in both areas of law?

Questioner

We are not yet at the point where we want to have a legal battle with the neighbors, but if it does lead to a serious conflict in the future, we would like to know what our rights are. We think it is a pretty absurd situation anyway. First build a pergola and let it grow with a wisteria or something. Probably quite beautiful and otherwise we would never have come up with that idea.

Lawyer

Your neighbours are causing unlawful nuisance by having a disproportionately high terrace in their garden. You could claim to have the boundary/fencing between your two gardens raised proportionally to ensure your privacy, but that would mean that you would be looking at a high wall from your garden. Regardless of whether this raised terrace is permitted under administrative law (municipal regulations), you can object to this raised terrace under civil law.

Questioner

Thanks for your response, but I still have a question; is it also true that if we do not immediately take action, this will weaken our case in the future due to the statute of limitations?

Lawyer

The limitation period is regulated by law and is in principle not affected very quickly by your behavior. But it can play a role in a possible balancing of interests in a lawsuit. Not taking action against this situation for a longer period of time can certainly work to your disadvantage.

Lawyer

Marcel is right about the civil situation, the public situation does not expire in principle, a terrace at that height always requires a permit.