Renovations and problems with the neighbours

During renovations, neighbours always experience some nuisance. Noise, vibrations and skips taking up parking spaces simply come with the territory. So it is no surprise that neighbour disputes sometimes arise during renovations. This is all the more the case if the neighbours suffer damage during the renovations. This page describes the situation in the Netherlands.

Renovating and nuisance

Although a renovation can cause the neighbours nuisance, neighbours do have to tolerate some nuisance from each other. This is only different when the nuisance is unlawful or disproportionate. In its assessment, a court takes into account all the aspects involved. Precisely because renovation work is exceptional, neighbours then have to tolerate a little more nuisance.

In its assessment, however, the court will also look at the measures taken to limit the nuisance. That is why it is important, although in theory it is not compulsory, to consult the neighbours about major renovations lasting several days. That way they are at least aware and can make preparations. In addition, certain things can be coordinated. For example, it can be decided to stop the work for a few hours so as not to disturb the neighbours' son's birthday party. Agreements like these not only ensure that relations between neighbours are not soured, but they also put the renovating neighbour in a stronger position.

Renovating and the neighbours' property

Renovations do not always affect only your own property. You may want to carry out renovations to buildings built against the dividing wall, or you may have to enter the neighbours' property for the renovations. This too can lead to discussions.

Discussions about the property boundary

Neighbour law provides that the owner of a property may also enclose their property. The neighbours cannot object to this. What is more: neighbours may even be expected to make the boundary visible, and in fact they must each contribute half towards this. In a built-up part of a municipality, each neighbour can demand that the other cooperates in putting up a dividing wall two metres high on the boundary, unless a by-law or local custom provides otherwise; the costs are shared equally (Article 5:49 of the Dutch Civil Code (BW)). That article gives a right to cooperation and is not a maximum height. Each neighbour can otherwise do what they like with their part of the dividing wall, but it is not allowed, for example, to take up more than half the thickness of the dividing wall for installing supporting beams.

When the wall or fence belongs to the neighbour, nothing may be attached to it either. There have been court cases in which the court ruled that, for example, hanging pots could stay because they caused no damage, but you still need to be careful. At the very least, consult the neighbours before doing it.

Of course, what is also not allowed is building on the neighbours' property. Many people find this obvious, but be aware that you may not build over or under the neighbours' property either. Roofs and drains must also be placed in such a way that the rainwater does not fall onto the neighbours' property. Otherwise, the neighbour will be able to demand that everything be demolished and removed. On the basis of a weighing of interests, a court may sometimes decide that demolition is not necessary, but the neighbour must then pay compensation.

Scaffolding right when carrying out renovations

During renovations, it may be necessary to enter the neighbours' property, for example to renew the side wall. This is allowed and is even regulated by law. This so-called scaffolding right (steigerrecht) applies when these conditions are met:

• There must be no other reasonable way of carrying out the work without having to enter the neighbours' property
• The neighbours have been informed in writing and well in advance of the work and of the need to enter their property
• The time for which the property is used is limited to what is necessary
• The neighbours are compensated if necessary

Renovating and the environmental permit

For major renovations, you need an environmental permit (omgevingsvergunning). This environmental permit must be applied for at the municipality. If the permit was granted under the regular procedure, interested parties, such as the neighbours, can lodge an objection with the municipality within six weeks (Article 6:7 of the General Administrative Law Act (Awb)). They must state their grounds of objection, such as a conflict with the environment plan (omgevingsplan). If the permit was prepared under the extended procedure, no objection is possible and you can appeal directly to the court within six weeks (Article 7:1 Awb). As a rule, however, you must first have submitted a view (zienswijze) on the draft permit: anyone who can reasonably be blamed for not doing so cannot lodge an appeal (Article 6:13 Awb).

It is advisable to always check whether the major renovations fit into the municipality's environment plan (since 1 January 2024, under the Environment and Planning Act (Omgevingswet)) and whether they also comply with the building regulations. Also check whether a permit is needed for the renovations. Ask the municipality about this. Remember that even if renovation work does not require a permit, neighbour law and the rules of the Buildings (Living Environment) Decree (Besluit bouwwerken leefomgeving, Bbl) must still be respected.

Objecting to the renovations

Neighbours can object to building plans for various reasons. For example, building plans can violate their privacy, for instance because a new balcony looks directly onto the neighbours' garden. Remember that windows, other wall openings, balconies and similar structures that give a view of the neighbours' property may not be placed within 2 metres of the property boundary, unless the neighbours give permission (Article 5:50 BW). The neighbours can therefore make other agreements about this. It is then advisable to have these agreements recorded by a civil-law notary (notaris).

Other objections from the neighbours

In addition, the building plans may cause them unlawful nuisance. Think, for example, of putting up a tall shed that means they have less sunlight in the garden, will suffer flooding and so on. In such a case, neighbour law comes into play again.

Damage from the neighbours' renovations

It can of course also happen that damage is caused to the neighbours' home during the work, for example because a window pane has broken or a crack has appeared in their front wall. You are liable for the damage you have caused, and so you will also have to pay compensation. If the work was carried out by a contractor and he made a mistake during the work, the damage may be recoverable from the contractor. A good contractor will have liability insurance.

In any case, this is often a point of dispute. Ultimately, it has to be established to what extent whoever carried out the work is liable. With cracks in a front wall, for example, it is not unusual for there to have been weak points beforehand, and it is then very much the question to what extent the damage can be attributed to the contractor.

Having a baseline survey carried out

To avoid discussions, it is advisable to have a baseline survey (nulmeting) carried out. This records the initial condition so that the damage can be assessed more easily later.

Such a baseline survey can be carried out voluntarily, but the neighbours can also send a notice of liability in advance, for example by registered letter or a writ served by a bailiff (deurwaardersexploot), asking the contractor to carry out a baseline survey and take other measures. In such a letter, the neighbours warn the contractor that there is a chance of damage from the work, and the contractor or the client is held liable in advance. This lets them know straight away that the neighbours mean business, and it also makes the burden of proof easier for the neighbours: they can show that they gave a warning and that the contractor or client made the mistake of not paying enough attention to it.

Collecting other evidence

A baseline survey is not free, and that is why people sometimes still choose not to have one carried out. In that case, it is important to gather the necessary evidence anyway. Take photos of the original condition, including any existing cracks and damage. It is important to be able to show when the photos were taken. With digital photos, this is usually easy to find. Take a screenshot of it.

It is even better, however, to take the photos together with the contractor. That way, everything is done with both sides present. Afterwards, the photos can be printed and all the pages can be dated together with the contractor. This is a cheaper alternative to the baseline survey.

Is the work being carried out unsafely, for example because the pile driver is not far enough away? Then speak to the contractor about it, but take photos of this too. That way, it can easily be shown later that the contractor was working unsafely.

Read also: Neighbour disputes about property and easements, Neighbours and problems with the garden, Noise nuisance from the neighbours, Vandalism by the neighbours, Liability for new-build construction and Neighbour law in the Netherlands.