Dutch Neighbour Law (Burenrecht): Boek 5 of the Civil Code Explained

Burenrecht, the Dutch law of neighbours, governs the everyday frictions between people whose plots share a line: noise, a hedge planted too close, branches over the fence, an uncertain boundary, a wall that needs rebuilding. Almost all of it sits in one place, Boek 5, Titel 4 of the civil code (Burgerlijk Wetboek, BW), in artikelen 5:37 to 5:59. This page is the map: it names each rule and points to the page that covers it in full.

Because the Netherlands is a single national jurisdiction, these articles apply the same way everywhere. What varies locally is not the civil code but the municipal layer: the Algemene Plaatselijke Verordening (APV) that a gemeente uses for noise and for some fence and hedge rules. Keep those two levels apart and most questions answer themselves.

Information last verified on 22 July 2026. This page provides general legal information about Netherlands law and does not constitute legal advice in an individual case.

The civil backbone: artikel 5:37 and artikel 6:162 BW

The civil route for a neighbour dispute runs on two articles read together: artikel 5:37 BW forbids an owner from causing unlawful nuisance (onrechtmatige hinder) to neighbours, and it measures "unlawful" by artikel 6:162 BW, the general tort of onrechtmatige daad. Whether noise, smoke, odour or loss of light crosses the line depends on its nature, seriousness and duration and on the local circumstances, judged case by case.

Almost every neighbour claim that ends in court runs through these two articles. Artikel 5:37 BW is the neighbour-specific rule, and artikel 6:162 BW is the general standard it borrows. The remedies are an injunction (verbod or bevel) and, where there is damage, compensation (schadevergoeding). Noise is the most common trigger, and it has its own page: see noise nuisance.

No single national limit

There is no single national limit a page can quote for neighbour noise or for fence height. Neighbour noise is governed by the local municipal ordinance (the Algemene Plaatselijke Verordening, APV) together with the civil nuisance test of artikel 5:37 and artikel 6:162 BW; fence rules combine artikel 5:42, 5:48 and 5:49 BW with the APV and the omgevingsvergunning. Because the APV differs per municipality, a nationwide figure would be wrong somewhere, so check your own gemeente.

This is worth stating plainly, because the two most-asked burenrecht questions, how loud is too loud and how high can a fence be, both expect a national number and there is not one. The civil articles set an open standard, while the concrete figures live in the local APV and, for fences, the building rules. Always check your own gemeente before relying on a figure you read elsewhere.

The Boek 5, Titel 4 map

The table below lists the rules in Titel 4 and points to the page that covers each one. This page does not repeat the detail; it shows you where each topic lives.

A few neighbouring articles round out the title. Artikelen 5:38 to 5:41 BW deal with water between plots, natural run-off, gutters and drainage, which rarely reach a searcher but complete the picture. Artikel 5:57 BW covers a right of way (noodweg) where a plot has no access to the public road. These are national rules, like the rest of the title.

Windows and balconies near the boundary (artikel 5:50 BW)

One rule this page keeps for itself is the outlook rule. Under artikel 5:50 BW you may not have windows, other wall openings, balconies or similar works within two metres of the boundary insofar as they give a view (uitzicht) onto the neighbour's plot, unless the neighbour has given permission. It is a privacy-of-outlook rule about the building itself, separate from the data-protection question raised by a camera.

There are exceptions, for example where the neighbouring plot is a public road or public water, and the two-metre distance is measured in a set way. A long-standing opening can also acquire protection over time. Where an opening is contested, this is one of the situations that reaches the court.

Who decides: the forum map

Most neighbour-law disputes are claims of undetermined value and are decided by the rechtbank, not the kantonrechter. The kantonrechter's "regardless of amount" rule covers tenancy, employment and consumer-sale cases (artikel 93 sub c Rv), not neighbour law, which is routed by value.

Putting the pieces together, three bodies handle most burenrecht questions. The civil court, in practice the rechtbank, decides disputes about nuisance, boundaries, plantings and walls. The Kadaster holds the registered cadastral boundary and can send a surveyor (landmeter) to re-mark it on the ground, a service known as a grensreconstructie. The gemeente sets and enforces the local layer through the APV.

A purely monetary neighbour claim of EUR 25,000 or less, such as damages for specific harm, can still go to the kantonrechter under artikel 93 sub a Rv. But do not import the tenancy or employment rule: for those, the kantonrechter is competent regardless of amount, and for neighbour law it is not.

The individual pages

Each topic on the map has its own page: noise nuisance, property boundaries, overhanging branches and fences and planting. They sit together in our property and neighbour disputes section, alongside the wider Netherlands law hub. Where a dispute involves a camera pointed at your property, that is a privacy question: see a neighbour's security cameras.

Frequently Asked Questions

What is burenrecht?

Burenrecht is the Dutch law of rights and duties between owners of adjoining plots. It sits in Boek 5, Titel 4 of the civil code (artikelen 5:37 to 5:59) and covers nuisance, boundaries, plantings, walls, fences and rights of way.

Which law governs disputes between neighbours in the Netherlands?

The core rules are in Boek 5 of the BW, with the general law of wrongful acts in artikel 6:162 BW behind the nuisance rule. Procedure and the choice of court come from the Wetboek van Burgerlijke Rechtsvordering (Rv).

How is the boundary between two plots determined?

This topic is owned by our property boundaries page. In short, the line that counts is the registered Kadaster boundary rather than the visible fence; that page sets out marking under artikel 5:46 BW, court determination of an uncertain line under artikel 5:47 BW, and the Kadaster grensreconstructie in full.

Can I cut branches that hang over my garden?

This topic is owned by our overhanging branches page, which sets out artikel 5:44 BW in full: the written demand you must make before cutting back overhanging branches yourself, and the separate rule that lets you remove encroaching roots without any warning.

How high can a fence be between neighbours?

There is no single national figure, and this topic is owned by our fences and planting page. The height and permit rules come from your own municipality rather than the civil code, and that page covers them alongside the separate artikel 5:49 BW right to demand a shared dividing wall.

Do most neighbour cases go to the kantonrechter?

No. Because a typical neighbour claim, such as an order to remove a planting or to stop a nuisance, is of undetermined value, it goes to the rechtbank. Only a purely monetary claim of EUR 25,000 or less can go to the kantonrechter.

My neighbour points a camera at my garden. Is that burenrecht?

No, that is a data-protection question under the AVG rather than a Boek 5 nuisance question. Our separate page on a neighbour's security cameras explains when a private camera loses the household exemption.

Can I put a window in a wall close to the boundary?

Not freely. Under artikel 5:50 BW, windows, other wall openings and balconies within two metres of the boundary need the neighbour's permission where they give a view onto the neighbour's plot, unless a local rule or a long-standing situation allows it.