Rights when Closing a Canopy

Questioner

What rights exist to close an existing canopy?

Lawyer

most likely this falls under the permit-free constructions. This depends on the surface and height of the construction. The exact regulations and/or dimensions can be found on google. That is difficult to include in one answer.

Lawyer

You can also ask the municipality about this. Consultation with the neighbours is also sensible in some situations. If your neighbours are inconvenienced (less light or view, for example) by the closing of the canopy, there is a chance that you will have to undo it. In such a case, recording the neighbours' permission can also do no harm.

Questioner

According to the Wabo, the extension may be placed without an environmental permit. We have closed off an existing lean-to with sliding doors of plexiglass and wood at the front and the fence (sides) have been built up to the lean-to with plexiglass. At the front, windows have also been placed in a framework for ventilation. The 'conservatory' is 3.30 m long and 2.50 high and 5.50 meters long. The housing association does not give permission and we have to remove this conservatory-like extension before May 30th. Can we leave the conservatory or is the housing association right. No more than 50% of the backyard has been built on. Incidentally, the housing association did give permission for the lean-to in 2009 under the conditions not to place walls. Against this conservatory they argue that a fence may not be higher than 2 meters. And that permission was only given for a lean-to, so no walls Thank you for the answer.

Lawyer

I understand from your story that you are renting the property. In that case, the housing association as owner/landlord is the one who decides what you may do with the rented property, regardless of whether the Wabo permits this structure or not. I fear that given the fact that in 2009 the housing association already gave explicit permission for a lean-to without walls only, that the housing association is within its rights to demand the demolition of the walls of the structure. Mind you, not of the entire structure because the permission for the lean-to remains in place.