Rights in case of flooding: your neighbour and the rules

Questioner

My rear neighbor built a shed 10cm from the fence. And the height of the roof slopes down to our property line. As a result, rainwater ends up in our garden, resulting in subsidence of our building. He did not install a gutter and drain. I urged him to install it, but he still has not done so. What requirements must he meet? And what steps can I take?

Lawyer

Article 39 Book 5 applies: The owner of a property may not, to an extent or in a manner that is unlawful under Article 162 of Book 6, cause nuisance to owners of other properties by changing the course, quantity or quality of water flowing over his property or of the groundwater, or by using water that is on his property and is in open communication with the water on someone else's property. Therefore, your neighbour must ensure that rainwater drains properly so that you do not suffer any damage, otherwise this rainwater would be drained onto the flat surface.

Lawyer

Additional: also note Article 5:52 paragraph 1 of the Dutch Civil Code: An owner is obliged to arrange the covering of his buildings and works in such a way that water does not run off onto someone else's property.