As of 1 July 2024, a new Building Act has been in force, which has significantly simplified the permitting process for small buildings such as pergolas, greenhouses or sheds. Some structures do not require a building permit or notification. But that doesn’t mean your neighbour can build them wherever they want. The building must meet setbacks (typically 2 metres from the property line) unless otherwise agreed with the neighbour. Therefore, approaching the property boundary without your consent is generally not permissible.
If a neighbour builds a pergola without respecting the legal setbacks and without an agreement, you have the right to defend yourself. We recommend that you first try to reach an agreement or give a written notice to refrain from building. If this does not help, you can take legal action against the building authority or the court to have the building removed or to protect your property rights.