Air conditioning unit placed over shared path in the garden

Questioner

Neighbor has placed an air conditioner on their side wall in full view more or less in our garden at a height of 4 meters without consultation or notification of the municipality or neighbors. It is an unsightly structure that hangs directly above our hammocks garden view and is an eyesore for us. The sound resonates between the walls but meets the noise standard. The air conditioner meets the standard and is, including depth and conversion, exactly 0.5 m wide and hangs at a height of more than 4 m. The common path is 0.84 cm wide. Municipality reacts ultra slowly throughout 2021 and really comes up in 2022 with the assessment that a building permit is required and comes with a penalty by filing a report through me. The neighbor responds with his own point of view and requests to be heard before a committee in 2023. Until then, all communication that has been discussed has taken place with a digital feedback and sent by registered mail on paper, The invitation from the municipality arrives at an email address that we no longer use in mutual communication and does not arrive by registered mail either, we miss the hearing, Hearing committee indicates in an administrative law decision that the air conditioning may be installed without a permit. we appeal to the court under obvious private law impediment. Building without a permit is not building without regulations. The placement nationwide where 1 meter distance from the plot is indicated and the incorrect dimension of the height 3 meters indicated but hangs at 4 meters. Installation and hangs 12 cm over the shared path so in our garden, Municipality, Are there any suggestions or additional information that I could still use. I would like to hear ....

Lawyer

First of all, what an annoying situation. I can imagine that this is causing you a lot of stress. I will try to give some suggestions, but remember that legal advice should always be given specifically, so these suggestions may not all apply to your situation. 1. Poor communication: You mentioned that there were problems with communication by e-mail and by post. This could possibly be used as grounds for an objection or appeal against the permit exemption of your municipality. You could perhaps argue that you have lost the right in purely procedural terms because the communication by the municipality was inadequate. 2. Private law, neighbour dispute: You can appeal to the neighbour law within the Civil Code, the interests of the residents must be taken into account (right to light, privacy, view, enjoyment of living). However, there must be unreasonable nuisance. 3. Building without regulations: Although there is often no permit required for installing air conditioners, certain regulations apply. If your situation is in accordance with these regulations, you may be able to make a good point. It may be helpful to first ask your neighbors in writing to move or remove the air conditioner, if you haven't already done so. If you want to take legal action, the judge will want to see that you have tried to resolve the problem together first. It may be wise to hire a lawyer or legal professional if you really want to take legal action. They can provide you with personalized advice based on all the specific facts and circumstances of your situation. I hope this information will help you somewhat in dealing with your situation. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer