Resolving Neighbourhood Problems: Right to a View

Questioner

My neighbours are building a canopy and shed in their back garden, approximately 10 cm from the fence. The height is 270 cm. This is 70 cm above the fence, which spoils my view and takes away a lot of sun from my garden. The dimensions fall under building without a permit. What can I do about this?

Lawyer

It is difficult to get your way through legal proceedings. Purely from the perspective of the possibilities of the building regulations, the shed is there legally. If you are indeed hindered in terms of access to sunlight, there is no other option than a civil procedure. However, I have had little success with similar issues.

Lawyer

As long as the rules of the building regulations have been followed, you can do little about it that way. The neighbour law also does not offer many possibilities, except that you can indeed try to demonstrate through civil proceedings that you are being hindered in your right of enjoyment as owner. In that case, the burden of proof lies with you.

Lawyer

The canopy and the shed are legally exempt from a permit (regardless of what the zoning plan stipulates) if they: - together they are less than 30 m2 in size; - provided that these are within a distance of one meter from the property boundary, they are not larger than 10 m2 (i.e.: no more than 10 m2 of the shed and the canopy may be within one meter of the property boundary). If these dimensions are not met, a permit is required, unless the zoning plan allows the construction of the shed and the canopy (almost) on the property boundary. In that case, the possibilities offered by the zoning plan may be used without a permit, as long as the canopy or the shed are not higher than 5 m. If, based on one of these two regulations, it turns out that building without a permit is taking place, you can only take action against the realisation of the matter if there is unlawful nuisance. This will only occur in the event of a very serious impairment of your view or the removal of (a lot of) daylight in your garden or home. Given the height of 2.70 metres - which, however you look at it, is still relatively limited - an unlawful situation will probably not arise so quickly.