Neighbour law in the Netherlands

Neighbours can be good friends, but they can also make each other's lives a misery. Housing nuisance is becoming increasingly common, and neighbour disputes can have all kinds of causes. Fortunately, a lot is actually already regulated by law. Moreover, a conflict with the neighbours does not always have to result in proceedings before the subdistrict court judge (kantonrechter) or the civil court. Making the situation open to discussion and trying to find solutions together is still the best choice. This page describes the situation in the Netherlands.

What is neighbour law?

Neighbour law (burenrecht) is part of civil law, the law that regulates relations between citizens and with regard to property. So it is with neighbour law too: it regulates how neighbours relate to each other and how they should behave, in other words what their powers and obligations are, with regard to each other's property. Although this last word is an important one and in principle it does not concern property owned by the tenant, case law has extended neighbour law to tenants. Neighbour law also applies to leaseholders (erfpachters): they have the same enjoyment of the property as an owner (Article 5:89 of the Dutch Civil Code (Burgerlijk Wetboek, BW)).

Explanation of neighbour law

Both neighbours have the right to enjoy their property or rented home in full. The neighbour must also respect that right. That is why neighbours may not simply enter each other's garden. On the other hand, neighbours may not commit an unlawful act, because in such a case the neighbour's right to enjoy their own property may be affected. This means a delicate balance has to be found between the rights and obligations of neighbours. This is what neighbour law regulates.

In practice, neighbours may therefore simply listen to music or mow the lawn. Neighbours must be able to tolerate this from each other to some extent. The condition, however, is that it does not cause unlawful nuisance. If it does, the court can be asked to impose a ban, and compensation can even be claimed. All this is fought out under civil procedural law. In principle, therefore, there are no criminal offences involved, unless a neighbour conflict also involves bullying, stalking and so on.

In addition, neighbour law also regulates a number of matters relating to property. This concerns, for example, the dividing wall between two gardens. Because this dividing wall stands right on the boundary, both neighbours each own half of it. This also has consequences when a neighbour wants to build against such a dividing wall or raise it.

Rules of neighbour law

The most important rules of neighbour law are in title 4 of Book 5 of the Civil Code.

Neighbour law and neighbour disputes

In practice, neighbour law is very important in settling neighbour disputes. Thanks to clear rules, which often mainly strive for a balanced solution and focus on consultation, neighbour law aims to prevent neighbour disputes or nip them in the bud. That is precisely why it is almost always advisable to resolve neighbour disputes through consultation first. The community police officer (wijkagent) will usually push for this too. If necessary, a mediator can be appointed.

How neighbour disputes arise

It is striking that neighbour disputes often arise from small irritations. The upstairs neighbour, for example, makes a lot of noise by walking around in heels, or the dog barks all day. These small irritations mean that emotions can run high over time.

Problems due to noise nuisance

Noise nuisance is a common source of neighbour disputes. Neighbours can often tolerate a little nuisance now and then, but persistent shouting, ranting and musical racket can sometimes become too much. Nowhere does the law state how much noise neighbours may make or what the decibel limit is, but there have been rulings in the past that offer some clarity. In any case, it remains important to talk things through first and only consider legal steps afterwards.

Problems concerning gardens and garden fences

Although each neighbour has their own garden, they may share the garden fence. They then have to share the maintenance costs too, and they do not always agree about that. Moreover, the garden is also a breeding ground for problems for other reasons, for example overhanging branches or children on the trampoline who can see into the neighbours' living room. Many of these matters are regulated by neighbour law.

Problems with the neighbours' children

The neighbours may be as friendly as can be, but their children are not always. They can be real little rascals who secretly get up to mischief. Or they can simply make an incredible amount of noise when they are having fun. It is often difficult to talk to the neighbours about their children's behaviour. That is why it is important to be careful and to think carefully about a suitable approach.

Problems with parking

In the Netherlands, the number of cars is still growing faster than the adult population. This makes it increasingly difficult to get hold of a parking space. So it is not nice if the neighbours always take up the parking spaces or park their caravan in front of other people's doors all year round. A number of these matters are regulated at municipal level, but good consultation is especially important here.

Problems with the neighbours' animals

A barking dog is a form of nuisance that is often mentioned. Let alone when the neighbours have six dogs and a crow! We are not making that last one up, because in a neighbour dispute in Nijverdal there was a man who had a crow. Karel, as the crow was called, could even croak "daddy". Karel was eventually released and was never seen again. It was the start of years of trouble. In any case, neighbour disputes about animals are certainly not unusual.

Problems due to clutter, junk, stench and other filth

Neighbours can sometimes make a real mess of things. Even when it is not visible because of a high dividing wall, waste in the garden can still cause a stench. Moreover, it attracts vermin, and before you know it, rodents are rooting around everywhere. In addition, more and more people are bothered by the smell of cigarettes and cigarette butts flying around everywhere. These forms of unlawful nuisance can also be brought before the civil court.

Problems due to vandalism

Many problems with vandalism can be traced back to the children. Think, for example, of a football that flies through the kitchen window. Dogs can also gnaw at the garden fence, and the neighbours' tree can fall on the lovely jacuzzi. In the case of vandalism, someone else may be liable. In principle, people are liable for the conduct of their children and animals. Still, this will not always be the case, but insurance may then offer a way out. In any case, it does not have to be the start of a neighbour dispute, but it remains important to discuss the situation properly and make agreements.

Problems concerning land disputes

Although neighbours each have their own piece of land, there are sometimes points of contact. In some cases, for example, neighbours may enter each other's land, for instance to trim a hedge via the neighbour's garden. In addition, people sometimes have certain rights over the neighbours' land. This is also known as an easement (erfdienstbaarheid). A well-known example is the right of way (recht van overpad). Such rights in turn come with obligations, and all this can result in neighbour disputes. Still, much of this is simply regulated by law.

Problems during renovations

Renovations are also a source of neighbour disputes. Noise nuisance is mentioned most often, but vibrations can also cause nuisance. In addition, several parking spaces are sometimes taken up, and major works can even cause damage to the neighbours' property. That is why it is important to make a number of agreements in advance and to communicate well with each other.

Problems due to intimidation and harassment

The causes above can end in a dispute, but sometimes it goes further than that. Sometimes people actively harass neighbours, bully them or even use physical violence. For outsiders this is sometimes difficult to grasp, and all too often the situation is dismissed as a simple neighbour dispute, while there is more going on. As a result, neighbours sometimes feel misunderstood.

Preventing neighbour disputes

Prevention is still better than cure. So make sure you have a positive relationship with the neighbours. If you have just moved, for example, ring the neighbours' doorbell and have a chat with them. People can tolerate more from each other when they know each other well. This works in your favour. When someone moves into the neighbourhood, it is also a good idea to ring the doorbell and introduce yourself. With a bit of luck, an invitation for a nice piece of cake will follow.

Furthermore, it is above all important to communicate well. Anyone planning to make a lot of noise for, say, a birthday party would do better to let the neighbours know in advance. An even better idea is to simply invite them as well. Does it end up a bit later than expected? Then do not forget to offer a friendly apology the next day. When noisy work is being carried out on the house, a friendly heads-up in advance is also recommended.

Finally, realise that not everyone needs (regular) contact with the neighbours. Some people would rather not come round for coffee or would rather not chat. That does not make them bad people. Respect their choice, but do keep greeting them in a friendly way. Above all, do not be pushy.

Solutions for neighbour disputes

It is not unusual for nuisance to end up in a neighbour dispute. All bridges can be burned in the process. Instead of nice neighbours who like to help each other, it becomes a hostile atmosphere that nobody wants. Still, there are a number of things you can do to prevent a neighbour dispute from escalating.

Tips for resolving neighbour disputes

The most important thing is not to bottle things up. Confront neighbours with irritations and also be willing to do something about their irritations. Always stay friendly and always be personal. Anonymous notes have the opposite effect. The tips below can help.

• Always try to resolve the conflict between yourselves first. If necessary, call in community mediation (buurtbemiddeling). Do not ring the doorbell yourself when emotions are running high, but wait until everything has cooled down a bit. Also think in advance about what to say and what is better left unsaid.
• Do not just complain yourself, but start a conversation. This means also listening to the other person's side of the story. Furthermore, do not get stuck in a victim and perpetrator story, but look for solutions together. Let the other person think along.
• If you live in an apartment, it is advisable to contact the owners' association (Vereniging van Eigenaars, VvE). They can tackle the problem in an accessible way and speak to or warn the neighbour.
• In the case of nuisance in public spaces, the municipality can often intervene. The content of the General Local Bye-law (Algemene Plaatselijke Verordening, APV) is particularly important here. In addition, the Housing Nuisance Act (Wet aanpak woonoverlast) has given mayors extra powers since 1 July 2017. Ask the municipality about these options.
• The law states that neighbours may not cause unlawful nuisance. As a last resort, the court can be called in to stop the unlawful nuisance. It is better to nip it in the bud in good time than to let emotions run high.
• If you have legal expenses insurance, it can also be worthwhile to put the conflict to the insurer. That does not always mean that legal proceedings will automatically follow, but initial advice is always a good idea.
• Sometimes it is better to simply provide some extra privacy so that there are fewer irritations. Think of investing in a better boundary fence or better sound insulation. The landlord may also be able to contribute to this.