Distance of construction from property boundary?

Questioner

The property boundary with the neighbours consists of a fence that is two metres high. The neighbours are now building a canopy against the property boundary that is higher than the property boundary. The height of the canopy will be 3.00 metres. Is this allowed and if so, must an environmental permit be applied for? Fence is no longer in good condition and is also due for replacement. An aluminum side wall of 3.00mtr will also be placed against the fence. Will the neighbours in the future be obliged to detach the side wall from the fence so that it can be replaced? Are the neighbors also obliged to contribute to this shared fence? Are the neighbors obliged to ensure that I do not suffer from flooding?

Lawyer

The answer to your questions will depend on several factors, including your municipality’s specific building codes and the conditions of the easement, if applicable. Below I will try to give you a general idea of ​​the possible answers. 1. Building a canopy higher than the property boundary may be permitted under certain conditions without a permit. However, this varies from municipality to municipality and depends on matters such as the maximum height and surface area of ​​the canopy and the distance to the property boundary. In many cases, a building with a height of 2.5 metres or more requires an environmental permit. It is best to request this information from your own municipality. 2. If a fence is jointly owned, it can in principle only be replaced with the consent of both owners. As for the new side wall that will be placed against the fence: in principle it should remain possible to replace the fence. If the side wall obstructs this, the neighbours will have to remove it temporarily. 3. If the fence is jointly owned, both parties are in principle also jointly responsible for maintenance and replacement. However, this can be affected by agreements made when purchasing the house or later. 4. In principle, everyone must ensure that their property does not cause any nuisance to their neighbours. If the new canopy causes water damage, the neighbours may be liable for this. This is a general outline of the situation and there may be specific rules or exceptions that apply in your case. It would be wise to seek specific legal guidance from a lawyer or attorney to discuss your situation further.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.