Building against the property boundary: What are your rights?

Questioner

Are my neighbours allowed to build a shed in 2017 with a surface area larger than 10m2, within 1 metre of the property boundary?

Lawyer

In the Netherlands, we do not have a legal provision that prescribes that there must be a certain distance between the property line and a building/shed to be built. Therefore, one may also build against the property line, which is also not unusual. Municipal regulations also play a role with regard to buildings and their placement on a plot. These are local/municipal regulations, which provide rules for building within a certain municipality. Many municipalities do have their regulations online, if you cannot find them you can also request them from your municipality. However, if your neighbours have obtained a permit for the construction of the shed, you can assume that the municipality has issued it in compliance with the regulation. Whether or not a permit had to be applied for depends again on where you live. However, you can do a permit check on the website of the legal authority. The law does provide regulations regarding windows. Your neighbours are not allowed to place unlimited windows in the shed, this is in connection with your privacy. These must be placed at least 2 metres away from the property boundary, unless you give permission for a shorter distance. Finally, I would like to point out that even if a shed is placed by the neighbours with a permit from the municipality, it is still possible that you will experience unlawful nuisance from it when the shed is actually there. This could, for example, relate to the incidence of light in your home. If the nuisance you experience is unlawful, you can take action against it and in the worst case your neighbours would have to demolish the shed. This is of course undesirable for your neighbours, but for you too it will mean that the relationship with your neighbours will seriously deteriorate. It may therefore be a good idea to discuss your objections and fears with your neighbours in advance.