Who decides about a fence on the property boundary?
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Detailed explanation, checklist and sources
It makes a legal difference whether a fence stands exactly on the property boundary or entirely on one plot. Also check local rules before building.
General information about Dutch law · Reviewed on · How we work
On this page
- Determine where the fence stands
- Agree how the fence will be installed
- Check municipal rules
- Ownership, replacement and costs
- Painting, attachments and agreements
- Height and pergolas: check both building regimes
- Tenancy, nuisance and resolution
- Your checklist
- Frequently asked questions
- Sources and further information
Determine where the fence stands
A boundary fence on the property line may be jointly owned. If it stands entirely on one owner's land, ownership and control are generally different.
Agree how the fence will be installed
Record the material, height, location, contractor, costs and maintenance. Do not remove or alter a jointly owned boundary fence without consultation.
Check municipal rules
Rules in the environmental plan or permit requirements may apply to height and location. Ask your municipality what is permitted at your address.
Ownership, replacement and costs
A boundary running lengthwise beneath a freestanding fence, wall or hedge generally makes it jointly owned, even if one neighbour paid. Do not remove or replace it unilaterally. Routine maintenance and necessary renewal are shared costs. In a built-up municipal area an owner may demand cooperation with a two-metre boundary wall at shared cost, subject to local exceptions and public roads/water. A second private fence does not end shared duties.
Painting, attachments and agreements
Ask permission before painting or attaching things to your neighbour’s own fence, even on your side. A shared fence permits use of your side without damage or infringement. Agree materials, colour, height, work and costs beforehand. Ordinary agreements do not automatically bind a buyer; arrange lasting obligations appropriately through a notary or contract.
Height and pergolas: check both building regimes
Fences up to one metre are generally spatially permit-free, subject to heritage restrictions; one-to-two-metre fences also require location conditions and local-plan checks. Technical and spatial rules differ. Measure vertically from the higher adjoining finished ground, disregarding artificial local mounds. An open pergola may qualify as garden furniture up to2.5metres for spatial exemption, but a roof or fencing function can change its classification. Use the Permit Check; neighbour consent does not replace a required permit, nor a permit their property rights.
Tenancy, nuisance and resolution
Routine garden and fence care usually falls to the tenant; major repair or replacement of a fence included in the tenancy falls to the landlord. Tenant-installed items require separate assessment. A permitted structure can still cause unlawful nuisance. Discuss loss of light and alternatives, record agreements and try mediation. Obtain advice about court relief before dismantling anything yourself.
Your checklist
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Established property boundary
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- Established property boundary
- Deed of ownership
- Photos of the current situation
- Municipal rules
- Quotation and cost allocation
- Written permission
Frequently asked questions
Do neighbours always have to pay half?
Not always. That depends on who owns the fence, where it stands, whether installation is necessary and what arrangements you have made.
May I put up a fence on my own land?
Often yes, within local rules, but check the exact boundary and avoid damage or unlawful nuisance.