Overview of housing problems and their solutions

Anyone who goes to live somewhere has both rights and obligations. A tenant, for example, has the right to quiet enjoyment of the rented property, but also the obligation to pay the rent. And an owner who lives in their own home has a right of enjoyment that cannot simply be taken away, while the owner must maintain the building and prevent damage to neighbours or passers-by. In the densely built-up Netherlands, all those rights and obligations can sometimes cause conflicts. Various situations are discussed below. This page describes the situation in the Netherlands.

Problems with gardens and boundary fences

When two gardens border each other, problems sometimes arise. They often have to do with the boundary fence or hedge (erfafscheiding). One neighbour wants to trim the hedge while the other neighbour does not. Or one neighbour would like the wall to be a bit higher and the other thinks that is not a good idea.

The general rule here is that a boundary fence that stands on the boundary belongs to both neighbours. It does not matter one bit who put up or paid for the boundary fence. When the boundary fence is shared, each neighbour may do what they like with their own side. They can give the wall on their side a lick of paint or trim the hedge on their side. Damaging the wall or putting a window in it is not allowed.

Putting up a boundary fence

Each neighbour can put up a boundary fence on their own land, or they can decide to place the boundary fence on the centre line. That way they do not lose a piece of garden, but the boundary fence is shared. It is important to make clear arrangements about this right away, both about the costs and about maintenance. In principle, these arrangements only apply between the current neighbours and not with regard to new neighbours, unless the arrangements are laid down in a notarial deed.

With a boundary fence on your own land, such arrangements are not needed. You do have to take into account a number of general rules that apply to boundary fences of this kind. For example, a wall behind the house may be no more than two metres high.

Of course, it is important to be clear about where the boundary lies. The notarial deed or the title deed will usually make this clear, but you can also request information from the Land Registry (Kadaster).

A dispute about an existing boundary fence

Neighbours can also be at odds over an existing boundary fence. They can then call in a mediator or a neighbourhood mediator. If this does not lead to a solution, they can start proceedings in court. The court can then force a neighbour to cooperate with certain actions, such as renewing the boundary fence. An alternative is for a neighbour simply to put up a new boundary fence on their own land.

A tree is too close to the boundary

It is permitted to plant trees near the boundary, but a number of rules then apply, and these can differ from municipality to municipality. Usually, though, the tree may not be taller than the fence, or it must be planted two metres away from the fence. In addition, a tree may already have been there unlawfully for twenty years. This is called prescription (verjaring), and no action can then be taken against it.

Does one of the neighbours believe that the tree is still there wrongly? Then it is important first of all to talk to the neighbour, but if necessary you will have to turn to mediation or the court will have to make the decision.

Leaves and branches that blow off follow the fate of the tree. If a tree is properly planted two metres away, the neighbour is doing nothing wrong when the wind blows leaves into another garden. This is what we call force majeure.

Finally, remember that the rules and conditions above do not apply to trees belonging to Rijkswaterstaat (the Directorate-General for Public Works and Water Management) or the municipality. These trees may simply be planted right up against the boundary.

Entering the neighbours' garden (ladder right)

The garden is private property, so nobody else may simply walk, picnic or walk the dog there. Of course, this must be sufficiently clear to them, but let us assume that it is indeed clear to neighbours. In such a situation it is clear: neighbours may not simply walk around in each other's gardens, unless they have been given permission to do so.

In some cases, however, this general rule is not appropriate, for example when access to the neighbour's garden is necessary to carry out work on your own home or your own garden. In that case, neighbours have a so-called "ladder right" (ladderrecht), the right to enter the neighbours' garden. For the ladder right to apply, a number of conditions must be met:

Using the neighbours' garden must be necessary and there must be no reasonable alternative. This necessity requirement only applies to the use of the garden. The work itself may be purely aesthetic and does not have to be necessary;
Use of the garden must be kept to a minimum;
The neighbour must have been informed in good time and properly that the ladder right is being exercised;
The neighbour whose garden is used is entitled to compensation. Such compensation can also be awarded if the ladder right lasts a long time and the neighbour loses the enjoyment of their garden as a result.

Even when all these conditions are met, the neighbour can sometimes still refuse access. For this, the neighbour must have sufficiently weighty reasons. In practice, this is not readily accepted, because it really has to be an overriding interest that outweighs the necessity relied on by the neighbour. An example is when work would be carried out without the necessary safety measures and asbestos would be released.

If the neighbours cannot agree, the court must decide on the ladder right.

Disputes about a right of way

There are regularly conflicts about a right of way (recht van overpad). This is the right to use someone else's land to reach your own property. Neighbours are free to make arrangements about this. These arrangements can be laid down in a notarial deed and registered with the Land Registry, and then they cannot simply be contested. The tenant or the next occupant then also has the right of way.

Disputes mainly concern the creation of a so-called right of way by prescription. A right of way by prescription arises when a number of conditions are met. In general, the land must then have been used in this way for more than twenty years. A court may have to rule on this.

If the right of way is granted, the neighbour must give access to the land. They may not then simply put up a gate, or they must give the neighbour a key to it. The person using the right of way must use it in such a way that the owner is inconvenienced as little as possible, and may have to pay a reasonable fee if their use makes maintenance work necessary.

Overhanging branches and encroaching roots

Neighbours can sometimes be bothered by overhanging branches. They leave mess in the garden, they look untidy or they block a lot of sunlight. Even though they hang over your own garden, you may not simply prune them. You can, however, ask the neighbour to prune the tree. They may need to use the ladder right to do so. If the neighbour takes no action, you can ask them for permission to do it yourself. In principle, you then pay the costs yourself. Encroaching roots, on the other hand, may be removed freely, but only on condition that the tree or shrub is not damaged.

Be careful, though, because different rules sometimes apply to trees owned by the municipality. Check with the municipality how things stand and do not simply start pruning.

A camera is pointed at my garden

Neighbours have the right to protect their house, garden and belongings and to put up a camera. They must, however, follow a number of rules. For example, they must protect privacy as much as possible and may only film (parts of) other people's gardens if this cannot be avoided and it is necessary for security. In addition, they must inform the people around them about the camera, for example by putting up a clear warning sign and writing a short letter to the neighbours.

If the neighbours do not follow the rules, they can be asked to move the camera. A community police officer (wijkagent) may be able to mediate. You can also notify the Dutch Data Protection Authority (Autoriteit Persoonsgegevens), but it will not start an investigation for every report. If these steps do not lead anywhere, you can ultimately go to court.

Problems with neighbours who are building

A house can be completely renovated or even demolished and rebuilt, and that is not always pleasant for the neighbours. Drilling, sawing and breaking out: it is all part of it. Of course, the neighbours do not have to simply accept everything. Here too, all kinds of conflicts can arise.

Objecting to the neighbours' environmental permit

To be able to build, the neighbours often need an environmental permit (omgevingsvergunning). Since the Environment and Planning Act (Omgevingswet) took effect (1 January 2024), the regular preparatory procedure applies to most applications (Article 16.62 Omgevingswet). In that procedure there is no statement of views (zienswijze): local residents can only respond after the municipality has granted the permit, by submitting a notice of objection (see below). Only in the extended preparatory procedure (Article 16.65 Omgevingswet and Section 3.4 of the General Administrative Law Act (Algemene wet bestuursrecht, Awb)) does the municipality first make a draft decision available for inspection. With a statement of views, the letter in which the neighbour responds to that draft, the neighbour explains why they disagree with this permit being granted. The municipality will have to take this into account when it makes a decision. If the municipality still grants a permit in that procedure, it is possible to appeal directly to the administrative court, without an objection stage (Article 7:1(1)(d) Awb).

In the regular procedure, interested parties can lodge an objection after the municipality has granted the environmental permit. They must do so within a short period of six weeks after the permit has been announced (Article 6:7 Awb). The municipality can then still withdraw the environmental permit it has granted. The decision on the objection can be appealed to the administrative court. In principle, an environmental permit takes effect on the day after it is announced (Article 16.79 Omgevingswet). So while the objection procedure is under way, the neighbours may already start building. Anyone who wants to stop this must submit a request for a provisional measure (voorlopige voorziening) to the administrative court (Article 8:81 Awb). Pending the final decision, the judge in interim proceedings (voorzieningenrechter) can prohibit the construction in whole or in part.

Damage caused by neighbours who are building

When neighbours carry out building work, they can cause damage. A falling roof tile can break a roof dome, but water damage or even cracks in the walls are also possible. In fact, it is very simple: the neighbours must pay for the damage, and let us hope they have insurance for it. Usually the insurer will then send someone to help assess the damage. If the neighbours who are building do not intend to pay for the damage straight away, you can go to court. In court, you must then prove that there is damage and that this damage was caused by the building work. The extent of the damage must also be estimated and demonstrated. Expert fees may be necessary for this.

Neighbour nuisance

Neighbours each have the right to enjoy their home, and conflicts can sometimes arise, for example because one wants to rest on Sunday and the neighbour thinks that is the perfect moment to mow the lawn. Or because the dogs bark too loudly. Or … Here we look at the example of noise nuisance, but it could just as well be odour nuisance, for example, and we also discuss the solutions straight away.

Noise nuisance

Residents have the right to make normal everyday living noises, and some tolerance may be expected. A crying child, a drill during occasional repairs and even the natural sounds that come with living together must be tolerated. Still, there are limits, and noise can affect the neighbours' right to quiet enjoyment of their home, for example if the children are shouted at all day, loud music is playing or there are barking dogs. There may then be a case of nuisance.

For there to be nuisance, it must be regular, excessive noise. So keep a log, make recordings and hire a decibel meter for objective data. Then contact the police. In many municipalities, a general local by-law (APV) makes this a punishable offence, and action can indeed be taken. If other measures are not enough, you can go to court with the evidence. Sometimes an acoustic investigation by an expert will be necessary.

Alternative solutions for neighbour nuisance

With neighbour nuisance, it is not always necessary to go to court. Especially for tenants, there are some good alternatives. For example, you can approach the landlord. The landlord is obliged to ensure quiet enjoyment, and they too will have to do what is necessary to prevent the nuisance. If they can show that they have done what was necessary, they cannot of course be blamed.

Another solution can be to turn to the landlord's complaints committee, if both neighbours rent from the same landlord, for example a housing association (woningcorporatie). In addition, in many municipalities there are neighbourhood mediation organisations (buurtbemiddeling) that can help with mediation. Finally, is there a threat, violence or criminal behaviour? Then always call in the police.

More information about neighbour law

Problems after buying a home

The housing market does not leave enough room to inspect a home properly. A decision to buy often has to be made quickly, and as a result the home may turn out to have a defect that the buyer had not expected. The seller should actually have disclosed this, but only on condition, of course, that they knew about it. On the other hand, the buyer has a duty to investigate. If the buyer has met their obligations, could not have noticed the defect and the seller did not disclose it either, the seller may be liable. If the seller does not want to pay for the damage, you may have to go to court. Bear in mind that for claims of more than €25,000 it is compulsory to hire a lawyer. Good legal expenses insurance is advisable here.

Tenancy problems

Tenancy agreements are strictly regulated, and in any case both tenant and landlord have rights and obligations. Problems and disagreements do arise quite often, and the answer to them has a lot to do with the type of tenancy agreement. Some examples are explained below.

The tenant and the right to quiet enjoyment

A first conflict situation arises in the context of renting a home. The tenant of the living space has the right to quiet enjoyment of it. This means that the landlord may not bother them at every turn and may not simply enter the home. On the other hand, the landlord sometimes does have an interest in doing so, for example to carry out repairs or to show the home to prospective new tenants. Conflicts can sometimes arise here.

In any case, the landlord still has the right to enter the home. The tenant may not simply deny them access, for example by secretly changing the locks. On the other hand, in principle the landlord may not open the doors unannounced. They make an appointment with the tenant in advance and, if necessary, ask for permission to enter the home if the tenant is not there at that time. In other cases, the landlord must properly ring the bell or knock and wait until the tenant lets them in.

Even so, the landlord may not use this right whenever they feel like it. The landlord really must have a good reason that falls within their duties as landlord. Quickly showing the home to their new girlfriend is therefore not allowed.

Finally, the landlord can always decide to change the locks, for example after a burglary. Of course, they must then make sure that the tenant still has normal access to the home, so the landlord will have to provide the tenant with new keys.

Eviction

If there are at least two months of rent arrears, the tenant can be evicted from the home. The landlord cannot end the tenancy agreement themselves in that case, but must ask the court to dissolve the tenancy agreement and order the eviction (Article 7:231 of the Dutch Civil Code (Burgerlijk Wetboek, BW)). The court must then look at the situation and can take various decisions. For example, because of special circumstances it can give the tenant some more time to find a new home, but sometimes the court does not do this. Either way, the tenant can then be evicted from the home by a bailiff.

In a number of cases, the court may still decide that such an eviction is unjustified, for example if the rent arrears have since been paid in full or if the eviction took place an unreasonably long time after the court's ruling. In such situations, the tenant can start an enforcement dispute (executiegeschil) with the aim of stopping the eviction.

For the tenant, it is important to do what is necessary to prevent such an eviction, for example by agreeing a payment plan with the landlord. The landlord is not obliged, however, to agree to such a payment plan.

Housing problems and their solutions