Quick legal advice: A neighbour is building a pergola right next to our fence without our consent. Does he have the right to do so?

Mgr. Nikola Šedová
4. June 2025
1 minute of reading
1 minute of reading
Legal news

Building a pergola on a property boundary can easily disrupt neighbourly relations – and sometimes even the law. Even if it’s a smaller structure, your neighbour should respect not only building regulations but also your property rights when placing it.

zahradni pergola

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.

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