Neighbors have placed a fence and pergola without consultation. Is that allowed?

Questioner

We have new neighbours. The neighbours have built a canopy without consultation. They have also placed a 2.5 metre high pergola against the fence. Is this all allowed these days but without consultation, what are the requirements for a fence and canopy at the neighbours. What can I do about it?

Lawyer

In the Netherlands, it is regulated that you may not place a fence, hedge or wall on the property boundary without permission from the neighbours. This is also called co-ownership, which means that both neighbours own the property boundary and are both responsible for its maintenance. The law sets a few conditions for this, such as the property boundary in the back garden may not be higher than 2 metres and in the front garden may not be higher than 1 metre, unless other rules apply in your municipality. If it concerns a canopy, for example a pergola, you may need a permit for this. This sometimes depends on factors such as the size, location and the zoning plan of your municipality. Always check this with your local government to avoid surprises. Now, if your neighbor puts up a fence without your permission, or a pergola without the necessary permits, you can take action. Here are your options: 1. First talk to your neighbor, there may be misunderstandings or he may not be aware of the rules. 2. If this doesn't work or the neighbor doesn't cooperate, you can report it to the municipality. If a permit was needed for the pergola or the fence is too high, the municipality can enforce. 3. You can also start a civil procedure with the court. Here the judge can possibly rule that the fence must be adjusted or the pergola must be taken down. When going to court it is advisable to seek legal assistance. I must stress that this is general information and the specific rules may differ somewhat per municipality. It may therefore always be wise to seek legal advice on your specific situation.