Can I object to my neighbor's building permit?
Yes, you can object to your neighbor's building permit if you are an interested party. This means that the construction directly affects your situation, for example through nuisance or a decrease in the value of your home. It is important to act quickly, as there are strict deadlines for filing an objection.
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The short answer
You can object to your neighbor's building permit, but only if you are an interested party. This means that you are directly disadvantaged by the permit, such as loss of privacy, view, sunlight or a decrease in the value of your home. You must demonstrate that your interests are harmed by the planned construction. The objection must be filed with the municipality within six weeks of the announcement of the permit. Without a valid reason or if you are too late, your objection will not be considered.
What does the law say?
The General Administrative Law Act (Awb) regulates when you can object to decisions by the government, such as building permits. You only have the right to object if you are an 'interested party' according to the law. This means that you are directly affected in your interests by the decision. The municipality must consider your objection on its merits and respond in a reasoned manner as to why they find your objection well-founded or not.
What should you pay attention to?
Pay close attention to the six-week deadline after the announcement of the permit. This deadline is strict and extension is usually not possible. Make sure you have concrete arguments as to why the construction harms your interests, such as loss of privacy or sunlight. General objections such as 'it doesn't fit the neighborhood' are usually not sufficient.
Example from practice
The Jansen family lives next to a house where an extension is planned. This extension blocks the view from their living room and causes much less sunlight in their garden. They file an objection with the municipality within six weeks, with photos of their current situation and a calculation of the loss of sunlight. The municipality investigates their objection and ultimately decides that the extension will indeed cause too much nuisance. The building permit is amended with stricter requirements for the height of the extension.
What can you do?
Follow these steps to object to a building permit:
Conclusion
Objecting to a building permit is possible, but you must be an interested party and be able to demonstrate concrete damage. Make sure you are on time and have good arguments for a successful procedure.
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