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If your neighbour builds without a required permit, your most effective remedy in the Netherlands is usually administrative, not civil: a written request for enforcement (handhavingsverzoek) to the municipal executive (college van burgemeester en wethouders). The main exception is that much building work needs no permit at all, so the first question is always whether a permit was required.

Since 1 January 2024 the Environment and Planning Act (Omgevingswet) and its decrees determine which works need a permit. Many smaller works, such as certain extensions at the back of a house, may be built without one. Before you do anything else, you therefore check whether the construction is genuinely unlawful. You can do this through the online environment desk (Omgevingsloket) and by looking at the local environment plan (omgevingsplan) for the plot concerned.

If a permit was required and none was granted, a request for enforcement obliges the municipality to take a decision. Established administrative case law holds that an authority faced with a breach is in principle obliged to enforce. It may refrain only if there is a concrete prospect of legalisation, or if enforcement would be so disproportionate in the circumstances that it cannot reasonably be required. In practice, the municipality will often first invite your neighbour to apply for a permit after the fact.

Time limits govern everything. You must object to a decision on your request within six weeks. A permit granted after the fact must also be challenged within six weeks of its publication. That period runs whether or not you were notified personally, which is why it pays to monitor permits granted to your neighbours.

The civil route runs alongside the administrative one and answers a different question. Does the construction cause unlawful nuisance under Article 5:37 and Article 6:162 of the Dutch Civil Code? Or does it breach the neighbour law rules on windows, balconies and planting near a boundary? A building that is entirely lawful in planning terms can still be unlawful towards you.

This article explains how to establish whether a permit was needed, how to make an enforcement request that works, which deadlines apply, and when the civil route is the better choice.

สารบัญ

• Which building rules apply in the Netherlands?

  • When does building work need a permit?

  • What happens if someone builds without a permit?

• What steps can you take if your neighbour builds without a permit?

  • How do you document the construction?

  • How do you request enforcement from the municipality?

  • When do you go to the civil court?

• Should you choose mediation or legal action?

  • What can mediation achieve?

  • What do formal proceedings look like?

  • คุณจะเลือกเส้นทางที่ถูกต้องได้อย่างไร?

• What should businesses keep in mind?

  • Which permits and notifications apply to business premises?

  • What are the risks of building without a permit?

  • How do you organise compliance?

สรุปด่วน

Which building rules apply in the Netherlands?

Building rules are laid down in the Environment and Planning Act (Omgevingswet), which entered into force on 1 January 2024, and in the decrees under that Act. The Act replaced a range of older laws, including the rules on the former environmental permit, and brought spatial planning and building rules together in one system.

For you as a neighbour, two questions matter. First, does the construction need a permit? Second, if so, was a permit granted and does the work match it? Only if the answer to the first question is yes and to the second is no, is there a breach that the municipality can act against.

When does building work need a permit?

Whether building work needs a permit depends on the type of work, its location on the plot and the local environment plan. There is no single height or size limit that applies everywhere.

The Act distinguishes two aspects of building. The first is the technical building activity (technische bouwactiviteit): does the structure meet the national technical requirements for safety, health and energy? The second is the planning aspect, the environment plan activity (omgevingsplanactiviteit): does the structure fit the rules the municipality has set for that location, such as the permitted use, height and position on the plot?

National rules designate categories of works that may be built without a permit for the technical aspect, the planning aspect or both. Typical examples are certain extensions, sheds and outbuildings in the back garden, provided they stay within the national conditions. The local environment plan may also contain its own rules. A structure that seems small can therefore still need a permit, and a large structure may in some situations be permit-free.

The practical consequence is that you should not rely on rules of thumb. Use the permit check on the Omgevingsloket and read the environment plan for the specific address. If you are unsure, ask the municipality whether a permit was required and whether one was granted. You may also ask to inspect the permit and the drawings that belong to it.

What happens if someone builds without a permit?

Building without a required permit is a breach of the Environment and Planning Act, and the municipality can enforce. The main tools are an order subject to a penalty for non-compliance (last onder dwangsom) and an administrative enforcement order (last onder bestuursdwang).

With an order subject to a penalty, the municipality instructs your neighbour to stop the work or remove the structure within a set period. If your neighbour does not comply, he forfeits a penalty sum. With an administrative enforcement order, the municipality carries out the work itself, for example by sealing the site or removing the structure, and recovers the costs from your neighbour. In addition, an administrative fine (bestuurlijke boete) or a criminal sanction is possible in certain cases. The amount of any penalty depends on the case and on the municipality’s policy; there is no fixed amount.

Enforcement aims to restore the lawful situation. That is why the municipality will often first investigate whether the construction can be legalised. If a permit can still be granted, the municipality will usually invite your neighbour to apply for one rather than order demolition. You then have the right to challenge that permit.

Unpermitted work can also cause problems for your neighbour later on. When the property is sold, a buyer may ask whether all work was carried out lawfully, and an unlawful structure can affect the sale. These are consequences for your neighbour, not remedies for you, but they can be an argument in a conversation about a solution. If you would like to read more about the wider context, see our overview of property disputes.

For you, what matters is that the municipality acts on a breach. The rules exist to protect the quality of the living environment, safety and the interests of neighbours. Your role is to give the municipality the information it needs and to use the deadlines that the law gives you.

What steps can you take if your neighbour builds without a permit?

The steps are: document the work, check whether a permit was needed, talk to your neighbour if that is realistic, and submit a written request for enforcement to the municipality. In addition, consider whether you have a civil claim, for example for nuisance or a breach of neighbour law.

A dispute with a neighbour can be stressful, because you will keep living next to each other. A structured approach helps you keep control and makes it easier for the municipality or a court to assess your position.

How do you document the construction?

Start by recording the work as it progresses. Take clear photographs from several angles, note the dates on which work was carried out and keep a short log. Make sure your records show the size and position of the structure in relation to the boundary and to your own home.

Good records serve several purposes. They support your request for enforcement, they help the municipality’s inspectors and they can serve as evidence in civil proceedings. Photographs with the date and location stored in the file make your records more reliable.

Next, check the rules that apply to the plot. Look up the environment plan for the address and use the permit check on the Omgevingsloket. Also ask the municipality whether a permit has been applied for or granted. Decisions on permit applications are published, so check the municipality’s publications as well.

How do you request enforcement from the municipality?

You submit a written request for enforcement to the municipal executive. Describe the address, the construction, why you believe a permit was required and was not granted, and how you are affected. Attach your photographs and log. Ask explicitly for a decision on your request.

Under Article 1:2 of the General Administrative Law Act (Algemene wet bestuursrecht, Awb), you can only make an enforceable request if you are an interested party (belanghebbende): someone whose interest is directly affected. A direct neighbour who can see the construction from his home usually meets that test. Someone living further away may not.

The municipality must decide on your request within a reasonable period. Under Article 4:13 of the Awb, that period has in any event expired if no decision has been made within eight weeks of receipt, unless a statutory rule provides otherwise. While deciding, the municipality may visit the site, ask your neighbour for an explanation and examine whether legalisation is possible.

If the municipality grants your request, it will usually impose an order subject to a penalty or an administrative enforcement order. If it refuses, or if it decides to legalise the construction, you can lodge an objection within six weeks. After the decision on your objection, you can appeal to the administrative court.

A municipality is in principle obliged to enforce, but it may refrain where there is a concrete prospect of legalisation or where enforcement would be disproportionate. Your objection should therefore address these points: why legalisation is not possible, and why your interests outweigh those of your neighbour.

When do you go to the civil court?

You go to the civil court when your complaint is about the effect of the construction on you, rather than about the permit. The civil court does not decide whether a permit was required; it decides whether your neighbour acts unlawfully towards you. Our กฎหมายอสังหาริมทรัพย์ page explains how we assist in these disputes.

Article 5:37 of the Civil Code prohibits the owner of a plot from causing nuisance to neighbouring owners to an extent or in a manner that is unlawful under Article 6:162 of the Civil Code. The law gives examples such as noise, vibrations, smells, smoke, gases, and the withholding of light or air. Whether nuisance is unlawful depends on its nature, severity and duration and on the circumstances of the case.

The Civil Code also contains specific neighbour law rules. Under Article 5:50, windows, other wall openings, balconies and similar works within two metres of the boundary are not permitted without your consent, insofar as they overlook your plot. Under Article 5:42, trees may not be planted within two metres of the boundary and shrubs and hedges not within half a metre, unless a local regulation or custom allows a shorter distance. These rules apply regardless of whether a permit was granted.

In civil proceedings you can claim an order to remove or adjust the construction, a prohibition on further work, or compensation for damage. The court can attach a penalty payment (dwangsom) to such an order. If the matter is urgent, for example because the work is still in progress, you can start summary proceedings (kort geding).

Before you start proceedings, it is wise to send your neighbour a formal letter setting out your objections and what you expect. Such a letter sometimes leads to a solution without going to court, and it shows a court that you tried to resolve the matter first.

Keep in mind that the two routes can run at the same time. The administrative route is usually cheaper, because the municipality does the enforcing. The civil route gives you more control, but you bear the costs and the burden of proof yourself.

Should you choose mediation or legal action?

That depends on your goal, the urgency and the relationship with your neighbour. Talking or mediation can lead to a faster and more lasting solution, but it does not stop deadlines from running. If a permit decision has been published, file your objection within six weeks even while you continue to talk.

Each route has its own advantages. Knowing them helps you choose the approach that fits your situation.

What can mediation achieve?

Mediation is a voluntary process in which a neutral mediator helps you and your neighbour find a solution together. It is not compulsory in neighbour disputes, but it can be a good first step when both of you are willing to talk.

In mediation you can agree on solutions that a court or a municipality cannot impose. Think of adjusting the construction plans, moving a structure further from the boundary, using frosted glass instead of clear glass, planting a screen, or agreeing on compensation. You can record the outcome in a written settlement agreement (vaststellingsovereenkomst), which binds both of you.

Mediation also helps preserve the relationship, which matters when you will remain neighbours for years. Many municipalities offer or refer to neighbourhood mediation (buurtbemiddeling) with trained volunteers, which is a low-threshold option for smaller disputes.

What do formal proceedings look like?

If talking does not work, you choose between the administrative route and the civil route, or use both. The administrative route starts with your request for enforcement to the municipality. The civil route starts with a writ of summons (dagvaarding) or, in urgent cases, summary proceedings.

In both routes, your evidence is essential. The municipality or court will look at your documentation, the applicable rules and the interests of both parties. In administrative proceedings, the court reviews whether the municipality’s decision was lawful. In civil proceedings, the court decides on your claim against your neighbour.

The possible outcomes differ. The municipality can impose an order subject to a penalty or carry out enforcement itself. A civil court can order your neighbour to remove or adjust the structure, prohibit further work, attach a penalty payment to its order and award damages. A civil court does not impose fines.

คุณจะเลือกเส้นทางที่ถูกต้องได้อย่างไร?

Your choice depends on the nature of the problem, the urgency, the costs and the relationship with your neighbour. Ask yourself the following questions.

• Is the problem that no permit was obtained? Then the administrative route is the obvious first step.
• Is the problem the effect on you, such as loss of light, a view into your garden or a window close to the boundary? Then consider the civil route as well.
• Is the work still in progress and is the damage hard to undo? Then speed matters, and summary proceedings may be appropriate.
• Has a permit been published? Then the six-week objection period determines your timetable.

Whatever you choose, keep a record of all contact with your neighbour and the municipality. A structured, documented approach shows good faith and strengthens your position, whether in mediation or in court.

Every dispute is different. The general rules described here are a starting point, but the specific facts of your situation determine which route offers the best prospects. If you are unsure, have the facts assessed by a lawyer before a deadline expires.

The aim is not only to resolve this dispute, but also to make clear arrangements that prevent new conflicts with your neighbour in the future.

What should businesses keep in mind?

For businesses the same rules apply, but the projects are often larger and the consequences of a breach weigh more heavily. A business that builds without a required permit faces the same enforcement tools, and its operations may be disrupted if work has to stop.

A business can also be on the other side of the dispute: as the neighbour of a construction project that affects its premises or operations. The routes described above are then available to the business as well.

Which permits and notifications apply to business premises?

For business premises, as for homes, the Act distinguishes between the technical building activity and the planning aspect. Whether a permit is required depends on the work and on the local environment plan. For business premises, the permitted use under the environment plan is often a decisive question.

For new buildings in the lowest risk class (gevolgklasse 1), which covers for example single-family homes and smaller commercial buildings, the Quality Assurance for Construction Act (Wet kwaliteitsborging voor het bouwen, Wkb) applies since 1 January 2024. For these buildings, the municipality no longer checks the technical plans in advance. Instead, the developer submits a building notification (bouwmelding) and an independent quality assurance officer (kwaliteitsborger) checks compliance with the technical rules during construction.

The Wkb does not change the planning aspect. Even if the technical side falls under the notification system, a permit for the environment plan activity may still be required. A business should therefore check both aspects before work starts.

What are the risks of building without a permit?

The risks for a business are enforcement, delay and costs. The municipality can order work to stop or a structure to be removed, attach a penalty to that order or carry out the removal at the business’s expense. In certain cases an administrative fine is possible as well.

Unpermitted construction can also have contractual consequences. Lenders, buyers, tenants and insurers may ask whether the premises comply with the rules, and a breach can complicate a sale, a lease or financing. Check the terms of your agreements and policies to see what applies in your case.

In addition, neighbours can bring civil claims, for example for nuisance or a breach of neighbour law. Such proceedings can lead to an order to adjust or remove the structure, to compensation and to legal costs.

How do you organise compliance?

Plan permit checks at the start of every project. Before you sign a construction contract, establish which activities need a permit, whether a building notification is required, and which rules of the environment plan apply.

Agree in your contracts with architects and contractors who is responsible for applying for permits and submitting notifications. Keep the permits, notifications and the quality assurance file together, so you can show at any time that the work was carried out lawfully.

Consult the municipality early for larger projects. Many municipalities offer a preliminary consultation in which you can discuss a plan before submitting a formal application. This can prevent delays and objections from neighbours later on.

Finally, inform your neighbours in good time about larger works. Early communication is no substitute for the legal requirements, but it reduces the risk of enforcement requests and civil disputes during construction.

คำถามที่พบบ่อย

ในการสรุป

• Check first whether the construction needed a permit; many smaller works are permit-free under the Environment and Planning Act.
• If a permit was required and not granted, submit a written request for enforcement to the municipal executive. The municipality is in principle obliged to enforce.
• Object within six weeks to a refusal or to a permit granted after the fact, even if you were not notified personally.
• Use the civil route for nuisance (Article 5:37 Civil Code) or breaches of neighbour law, such as windows within two metres of the boundary (Article 5:50 Civil Code).
• Talking or mediation can help, but never let a deadline pass while you do.

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