High pergola property boundary?

Questioner

Our neighbours have placed a 2 m high fence as a boundary. The fence posts extend to a height of 2.4 m. These posts are mounted perpendicular to the fence, creating a pergola. Vines have been planted with the intention of allowing the pergola to grow over them, which will increase the height effect. Our municipality has defined 0 cm as a prohibited zone for shrubs. My idea is that no protruding parts may be attached to a fence and that a pergola on a boundary may not be higher than 2 m, especially not if there is also vegetation on it. Which legal rules can I rely on to substantiate my objection?

Lawyer

Height restrictions for fences or other property boundaries can vary per municipality. These can usually be found in the local building regulations or the zoning plan. But in general, a maximum height of 2 meters is used in the Netherlands for property boundaries at the back and side of the plot bordering the garden of the neighbors. If the posts are higher than these 2 meters, this may be in conflict with these regulations. However, this depends on how exactly the pergola is interpreted in the context of the municipal regulations. In some situations it can be seen as part of the fence, while in other cases it can be seen as a separate structure. Vegetation such as vines is generally not considered part of the fence or boundary, but the pergola poles can be considered part of that construction. If they exceed 2 meters, that could theoretically be in conflict with local regulations. It is advisable to file your complaint with the municipality, as the municipality is the body that enforces the regulations. It may also be useful to seek legal advice, for example from a lawyer specialising in real estate or civil law. They can help you further analyse the situation from a legal perspective and advise you on the best steps to take. In addition, a conversation with the neighbors can also help, it is possible that they are not aware of the rules and are prepared to bring the poles back to the permitted height. In the worst case, the case can end up in court, and then it is always useful to have a lawyer or attorney for help and advice. ---------------- 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 I would like to invite you to rate the above answer so that we can learn from your response.