Depreciation due to neighbours' extension? Get free advice
Questioner
We have a semi-detached house with the living rooms adjoining each other. Our neighbours have plans to build a 4-metre extension at the rear of their house, in accordance with national government regulations regarding building without a permit. This extension is on the southern side of our house against the property line. This means that we get a lot less light in our house, especially in the winter and spring and autumn. In addition, we will soon be looking at a 4-metre blind wall and there will more or less be a pipe shelf in it. All of this certainly does not benefit the value of our home. Unfortunately, we will not be able to stop the extension, but I would like to know whether we can successfully claim a reduction in the value of our house and how and with whom we can/should do this.Lawyer
Only if the removal of light is such that it constitutes unlawful conduct, you could hold the neighbours accountable by invoking Article 5:37 of the Dutch Civil Code: 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, such as by spreading noise, vibrations, stench, smoke or gases, by withholding light or air or by depriving them of support. If you would like to appeal to this article in court, then there is a strong burden of proof. It is advisable to first have it determined (by an expert) what the concrete consequences of the extension are for you, so that you are well prepared in the event of legal proceedings.Neem de volgende stap
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