Installation of district heating pipes through private spaces?

Questioner

Due to sustainability, a project has been started for the construction of a heating network (district heating). In the current situation, we have an individual boiler installation with pipes in a central shaft without visible work. Due to the heating network, they now want to install the pipes in private spaces, which means that washing machines and refrigerators have to be removed from the space, with the entire adjustment at their own expense. A chairman of the board (my upstairs neighbor) and supporter of the heating network has adjusted the principles of the installer's quote at their request (only verbal evidence from the installer) with the understanding that in addition to surrendering my private space, additional work must also be carried out in my home by means of construction work along my wall. The shaft in my private space must also be open in order to ensure that this is as favorable as possible on the chairman's property in terms of pipe routing, so that there is no construction and relocation of equipment on this floor. I understand from the installer that it was not desirable for the chairman to drag pipes; this must take place in underlying apartments with associated adjustments. I do not agree with this. What should I do?

Lawyer

It is understandable that you do not feel comfortable with this. The situation seems complex and may touch on various areas of law, including apartment law, civil law and possibly also construction law. Here are some points of view that may be relevant: 1. Apartment law: If you live in an apartment, there are certain rules that arise from the deed of division and the division regulations. These documents provide an overview of the rights and obligations of the owners and the VvE (Association of Owners). It would be advisable to study these documents and see if anything is mentioned about carrying out work, the use of shared spaces, or changes to private areas. 2. Civil law: In general, the principle of 'nemo tenetur se ipsum accusare' applies, which means that no one is obliged to make their own private property available for things they do not agree with. Your interests must be taken into account in some way and you could possibly argue that your interests have not been sufficiently taken into account in this case. In this situation, it could be that the path to the disputes committee or the court is open, but before you take those steps I would advise you to inquire with a local lawyer or legal expert about your specific situation. For example, it could be possible to request the VvE to provide openness about the decisions made and to review them. It may also be possible to design the work in a different way that honors your interests more. Please note: These are just a few points of view and possible options, and are by no means exhaustive. It is important that you seek further advice from a professional in this field.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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