When neighbours damage your property, ordinary liability law applies. This means that anyone who commits a fault and thereby causes damage to someone else, whether intentionally or not, must also pay for the damage. If the two neighbours together committed a fault that resulted in damage, the fault-based liability is divided according to their contribution. In practice, there is quickly considered to be a fault. This page describes the situation in the Netherlands.
Different types of damage by neighbours
Damage caused by neighbours can take many forms. That is why it has to be determined case by case whether or not the neighbours are liable. Because the assessment is often very complex, these situations are explained on individual pages.
Damage caused by storms
The neighbour whose tree blows over and crashes straight into the neighbours' utility room will not always have committed a fault. That would only be the case if, for example, the neighbour had failed to fell an old tree with previous storm damage. The same applies, for example, if he did not bring his garden furniture inside after a storm had been forecast, whereas he could not reasonably have prepared for an unforecast whirlwind. In such cases of force majeure, where nobody is liable, you need to check whether the home contents insurer and/or buildings insurer will cover the damage.
Storm damageDamage caused by the neighbours' children
When the neighbours' children cause damage, their parents or guardian may be liable for it. With young children, such liability is even presumed.
The reasoning behind this is that the parents have made a mistake in their upbringing or supervision.
The age of the child is one of the factors that play a role in assessing the question of liability.
Damage caused by neighbours' childrenDamage caused by the neighbours' animals
Just as parents or guardians are usually liable for damage caused by young children, the keeper is generally also liable for damage caused by pets. The neighbours' dog that breaks out and turns the garden completely upside down, their cat that sinks its claws into the fly screen or the pig that comes into the garden through the open gate and eats the neighbours' chicks: the neighbours are probably liable for this and will have to pay for the damage.
Nuisance from the neighbours' petsDamage caused by neighbours who build or renovate
When the neighbours build or renovate, they may sometimes accidentally cause damage. Think of the many vibrations that crack the front wall, subsiding foundations or a broken window. In such cases, it may not only be the neighbours who can be held responsible, but also their contractor. A good contractor insures himself against such liability claims.
Liability for renovationsThe fault must be proven
In the situations above, the neighbours may be liable, but of course it is not enough to simply point to the damage. Ultimately, it must also be proven that the neighbours made a mistake. In any case, this is why we so often point out the importance of collecting evidence. This includes, for example, carrying out a baseline survey (nulmeting), taking photos or using video camera footage.
A ruling by the District Court of Haarlem (ECLI:NL:RBHAA:2010:BO9651) illustrates that it is difficult to do anything if there is no evidence. In this case, a conflict had arisen years earlier between two next-door neighbours. While the fascia board was being painted, paint had fallen on the neighbour's property. From that moment on, relations between the two neighbours became seriously disturbed.
Community police officers (wijkagenten) had to come to the scene several times and established damage on those occasions. First, a scratch had been made on a car. However, there were no leads and the investigation was closed. Three months later, this happened again when the tyres of the same vehicle were punctured. Four months later, five sets of Christmas lights were stolen. Again, there were no leads for further investigation. And so it went on and on. Because no evidence was ever provided, the court could not do much either. The judge did say he understood that the neighbours were "allergic" to each other, but immediately added the following: "The civil courts cannot offer a remedy for that ailment."
Compare this with a case heard in 2019 by the Court of Appeal of Arnhem-Leeuwarden (ECLI:NL:GHARL:2019:4661). In this case, too, a car was damaged. The right windscreen wiper had been bent, the tyres were flat, the valves had been cut off, the rear light was damaged and so on. However, everything had been caught on camera. The neighbour, who was wearing a balaclava, was filmed and his way of walking was somewhat recognisable. This was enough for further investigation, and the tools used were eventually found in his home. Here, compensation was awarded.
Sometimes criminal law can also be applied
When damage is caused deliberately, for example when car mirrors are kicked off or a house is daubed with graffiti, criminal law can also be applied. This follows from Article 350 of the Dutch Criminal Code (Wetboek van Strafrecht). This article states that anyone who intentionally and unlawfully destroys or damages other people's property can be given a prison sentence of up to two years or a fine of the fourth category. Since 1 January 2026, a fine of the fourth category is at most €27,500 (Article 23 of the Dutch Criminal Code).
Anyone who becomes a victim of vandalism should therefore always report it to the police. Always report it to the municipality as well. If the municipality knows where vandalism often takes place, it can take measures to deter vandals. Anyone who has suffered damage from vandalism can always contact Victim Support Netherlands (Slachtofferhulp Nederland). They help victims deal with the legal, emotional and financial consequences of vandalism.
Step-by-step plan for damage caused by neighbours
When neighbours cause damage, it is not always necessary to take drastic measures straight away. Sometimes a good conversation is enough. In the case of vandalism or deliberately caused damage, however, it is advisable to always report it to the police.
- Try to find a solution together
Gather evidence, for example by taking photos. Then discuss the situation with the neighbours. The neighbours may acknowledge their liability and a solution can easily be found. If they have a liability insurer, the insurer may first need to examine the claim. If you cannot sort it out, you can always consider community mediation (buurtbemiddeling) or mediation.
- Call in the community police officer
Community police officers can make the necessary findings, and those findings carry great evidential value. Moreover, community police officers focus on mediating in the first instance. Sometimes a short conversation with the community police officer can work wonders and can thoroughly change the neighbours' attitude. In cases of vandalism or deliberately caused damage, the police should always be called in.
- Go to court
If none of this makes any difference, the court can. If there is enough evidence available, the court will order the neighbours to pay compensation. You can have a lawyer assist you with this.
Frequently asked questions about damage caused by neighbours
I have become the victim of vandalism. Who is liable?
If the perpetrator is known and is an adult, the perpetrator is in principle liable. With a minor perpetrator, especially if they are not yet fourteen years old, the parents can very often be held responsible (Article 6:169 of the Dutch Civil Code (Burgerlijk Wetboek, BW)). If the perpetrator is not known, the damage unfortunately cannot be recovered.
What can I do to protect myself against vandalism?
Above all, it is important to take preventive measures. For example, install motion sensors that switch the lights on when someone enters the property. Also keep doors locked and do not leave loose objects or furniture lying around in the garden. If possible, park the car in a garage or in a well-lit place. Wing mirrors should be folded in. Alarm systems are also recommended, especially for a car. You should also always be wary of erosion vandalism. Something that is already "broken", for example by a single graffiti tag, invites even more damage. That is why it is important to repair the damage as quickly as possible every time.
Who usually commits vandalism?
Most vandalism is committed by young people between 10 and 20 years old. It is mostly play vandalism (10 to 12 years), prestige vandalism (12 to 16 years) or frustration vandalism (from 16 years).
Are perpetrators of vandalism often caught?
Unfortunately not. Only a small number of vandals are arrested each year. Often because the case does not have enough priority and the police are understaffed.
My car was damaged by vandals. Will the car insurer pay for this?
With fully comprehensive (all-risk) insurance it can, but it means you drop down the no-claims ladder (bonus-malus ladder) and may have to pay more for the insurance in future. That is why it is usually worthwhile to pay for minor vandalism yourself. Some forms of vandalism are sometimes also covered by a limited casco policy (also "third party, fire and theft plus"), such as damage caused by riots. Check with the insurer.