Nuisance between neighbours (burenhinder) is disturbance caused from one property to another, such as noise, vibration, smells, smoke or loss of light. Under article 5:37 of the Dutch Civil Code (BW), an owner may not cause nuisance to the extent or in a way that is unlawful under the tort provision, article 6:162 BW.
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When is nuisance unlawful?
Not every disturbance is unlawful. The court looks at the nature, seriousness and duration of the nuisance, the damage caused and the local circumstances. Someone living in a city centre must accept more than someone in a quiet rural area. Normal living noise is usually acceptable; structural loud music at night usually is not.
What can you claim?
- A court order to stop the nuisance, often with a penalty payment (dwangsom)
- An order to take measures, such as insulation or removing a source
- Damages for loss suffered
Under article 6:168 BW the court may refuse an injunction if the activity is socially important, and award damages instead.
What should you do first?
Talk to your neighbour and consider neighbourhood mediation. Keep a log with dates, times, photos and, where possible, sound measurements. In urgent cases you can start preliminary relief proceedings. Tenants can also ask their landlord to act, and a municipality may enforce local rules.
Frequently asked questions
Do the rules apply to tenants?
Yes. Article 6:162 BW applies to anyone who causes unlawful nuisance, not only owners.
Are trees and boundaries covered too?
Yes. Book 5 BW contains specific rules, for example on trees close to the boundary (article 5:42 BW).
Related terms
Our civil law team advises on neighbour disputes, from a first letter to court proceedings. Want to know what this means for your situation? Book a free introductory meeting.
