For you, a renovation is an investment in your home; for the neighbours it means months of noise, dust and a skip outside the door without getting anything in return. Most neighbour disputes in the Netherlands do not start with a legal conflict, but with the feeling of not having been informed. At the same time, you have rights: you may renovate, you may cause temporary nuisance and in certain cases you may even use the neighbours' property. In this article you will read what neighbour law (burenrecht) regulates, what the municipality is responsible for, how to prevent and record damage to the neighbouring property, and how to keep relations good.
Inform the neighbours before the first skip arrives
Nothing works as well as dropping by in person before the work starts. Tell them what you are going to do, roughly how long it will take, when the noisy phases are (demolition, drilling, piling for a foundation) and how they can reach you or the contractor. A note through the letterbox with a schedule and a phone number is a good addition, not a replacement. Ask about their situation too: does someone work from home, does a baby sleep during the day, is there an exam week? Small adjustments to the schedule cost you little and generate a lot of goodwill. Also read How to prepare for a renovation.
Agree with your contractor who will be the point of contact for the neighbours during the work. A neighbour who has nowhere to take a complaint calls the municipality or the police; a neighbour who can speak to the site manager usually sorts it out in two minutes.
Noise and working hours: the municipality decides
How much noise a renovation may make and at what times is regulated nationally in the Besluit bouwwerken leefomgeving (Bbl, the Dutch Building Decree) for commercial construction and demolition work, and additionally in your municipality's Algemene Plaatselijke Verordening (APV, the local by-laws). The rules differ per municipality. It is common for commercial building work to be allowed on working days during the daytime, for example from seven in the morning to seven in the evening, and for an exemption to be required for evening, night and Sunday work or for very loud work. Check the rules of your own municipality on the municipal website or call the customer contact centre, and include the agreement on working hours in the contract with the contractor. A municipality can halt the work in the event of a violation.
In addition, the general prohibition on unlawful nuisance from Book 5 of the Dutch Civil Code applies: you may not cause the neighbours nuisance that, given its severity, duration and the circumstances, is unreasonable. Temporary construction noise on working days is generally not unlawful; weeks of grinding on Sunday mornings may well be.
Construction traffic, parking and the skip
A skip, scaffolding, site hut or crane on the public road or pavement is not allowed just like that. In most municipalities this requires a permit or notification under the APV, sometimes with precariobelasting (a tax for using public space). Often the skip company or the contractor arranges this; ask about it and ask for a copy. Do not put the skip in a spot that blocks the neighbours' view or driveway, and do not leave it there longer than necessary; a full skip waiting weeks to be collected is a classic source of irritation. On your own property you do not need a permit, but you should still keep the neighbours in mind: a skip against the boundary opposite their bedroom window is not prohibited, but not sensible either.
Agree with the contractor where construction traffic loads and unloads and where the vans park; a van that blocks the neighbours' driveway every day causes more conflicts than the demolition itself. Make sure the pavement is swept clean at the end of the day.
Boundary, windows and shared walls: neighbour law
Book 5 of the Dutch Civil Code regulates what neighbours must tolerate from each other and what they need not. The most important rules for a renovation:
- Windows and balconies. Within 2 metres of the boundary you may not create windows, balconies or other openings that give a view of the neighbours' property, unless they give permission. Fixed, opaque openings that let in light without offering a view are allowed. A dormer or extension with a side window close to the boundary therefore calls for a conversation and written permission.
- Party wall. A wall that stands exactly on the boundary and separates two buildings is usually mandelig (a jointly owned party wall): the common property of both neighbours. You may build against it and insert beams or anchors up to half its thickness without causing damage, but you may not make drastic changes or an opening in it without consultation. Both neighbours share the cost of maintenance and renewal. See also Removing a load-bearing wall: rules, risks and step-by-step plan.
- Building over the boundary. If you accidentally build a little over the boundary, for example a roof edge or foundation, the neighbours can in principle demand its removal. Only if that causes disproportionate harm can the court opt for an easement or a transfer of the land against compensation. For an extension up to the boundary, have the boundary marked out by the Kadaster (Land Registry) or a surveyor.
- Using the neighbours' property. If your contractor temporarily has to stand on the neighbours' property to reach a facade or erect scaffolding, the neighbours must tolerate this if the work could otherwise not be carried out, or only with much more difficulty, provided you announce it in advance and compensate any damage. This is sometimes called the ladderrecht (ladder right). Always simply ask first.
Many of these rules are non-mandatory law: neighbours may agree something else together. Put such agreements in writing and, for permanent arrangements such as a window within 2 metres of the boundary, have a notary register them as an easement, so that they also apply to future owners.
Preventing and recording damage to the neighbouring property
Demolition, piling, drilling and digging cause vibrations and settlement that can lead to cracks, loose tiles or sticking doors at the neighbours'. As the client you can be liable for this, alongside the contractor. Three measures limit the risk and the discussion afterwards.
- Ask the contractor about their insurance. A CAR insurance policy (contractor's all risks) covers damage to the work itself and often also damage to existing property and adjacent buildings during construction; a business liability insurance policy covers damage to third parties. Ask for the policy schedules and check whether adjacent properties are included and what the excess is. How to assess insurance and other features of a good contractor is explained in 5 tips for choosing the right contractor.
- Have a pre-construction structural survey carried out. Before the start, an independent building survey firm records the condition of the neighbours' home, with dated photos of all walls, ceilings, facades and existing cracks, in a report that both parties sign. This baseline survey is no luxury when opening up a shared wall, building an extension up to the boundary or doing foundation work. Without a baseline survey, every crack the neighbours find later will be attributed to your renovation.
- Agree the working method. For work close to the neighbours, agree with the contractor which techniques will be used to limit vibrations, for example sawing instead of chiselling, and who is the first point of contact if there is damage.
If damage does occur, report it immediately to the contractor and your own insurer, take photos and have the neighbours do the same. Do not promise anything about amounts; let the insurers handle it.
Neighbours objecting to your permit
If you need an omgevingsvergunning (environmental permit), for example for a roof extension or a large extension, the municipality publishes the decision and interested parties, including the neighbours, can lodge an objection within 6 weeks of publication. An objection does not automatically suspend the permit, but if you carry on building while an objection is pending, you do so at your own risk: if the permit is revoked, the municipality can demand demolition. The neighbours can also ask the court for interim relief.
The best way to prevent an objection is to let the neighbours look at the drawings before the application. An objection is often about a single detail, a window or the height of a roof edge, which you can easily adjust in the design. Which renovations are permit-free is explained in When do you need a permit?. Permit-free, by the way, does not mean that neighbour law does not apply.
Preventing and resolving conflicts
- Stay in touch during the work. A short message ahead of an extra noisy day or a delay works wonders, as does a bunch of flowers afterwards.
- Respond to complaints. Take every complaint seriously, go and have a look together, explain and adjust what is reasonable.
- Neighbourhood mediation. Many municipalities offer free buurtbemiddeling (neighbourhood mediation) through a welfare organisation: trained volunteers guide a conversation between neighbours. It is easy to access and prevents escalation.
- Legal advice. If things get stuck, the Juridisch Loket (the Dutch legal aid desk) gives free initial advice, and your legal expenses insurance or a lawyer can help. Proceedings before the subdistrict court take a long time and damage the relationship further; see them as the last step.
- Neighbours and the contractor. If a neighbour approaches your carpenter or contractor about a problem, make sure they report it to you. You remain both the client and the neighbour.
On VerbouwPro you post your renovation free of charge, and contractors, carpenters and other tradespeople from your region with a verified profile and reviews respond. In your job description, ask about experience with working in a densely built-up area and about their insurance; anyone who answers that readily will also take the neighbours into account on the building site.