Quick legal advice
A pergola built next to a fence without the neighbor’s consent is not necessarily illegal; however, its actual design and location are decisive factors. A classic open pergola is generally not subject to building codes, but a covered structure may be considered a shed, which is subject to building regulations. In addition, structures are generally required to be at least 2 meters from the property line, although there are exceptions. A neighbor’s objection alone therefore does not necessarily mean that construction is not possible. However, if a neighbor violates building codes or their construction unreasonably infringes on your rights, you can contact the building authority and, in some cases, seek redress under the Civil Code.
As of July 1, 2024, a new building code will take effect, significantly simplifying the permitting process for small structures such as pergolas, greenhouses, or sheds. Whether a building permit is required for a pergola cannot be determined solely by its name. A classic open pergola is an element of garden architecture and is not subject to the Building Code. However, if the structure has a roof—for example, a solid or slatted one—it may be considered a shelter, which is subject to building regulations.
The distance between the structure and the fence is also important. For structures, a minimum distance of at least 2 meters from the property line is generally required. However, there are exceptions—for example, for structures under 2 meters in height. In some cases, the building authority may also grant an exception. A neighbor’s objection alone therefore does not automatically mean that construction near the property line is not possible.
If you have doubts about whether your neighbor is following the regulations during construction, we recommend first trying to reach an agreement. If the structure is in fact a shed or another type of structure subject to the Building Code, you can also contact the building authority and ask it to investigate the situation.
You can also defend your rights under the Civil Code. If you have a reasonable basis for doing so, you may demand that your neighbor refrain from constructing a structure in close proximity to the shared property line. Whether it is possible to seek protection in court depends on the specific situation and, for example, on whether you were able to raise your objections during the building permit proceedings.
Neighbor disputes over construction on the property line tend to be highly individualized, and the outcome depends not only on the type of construction but also on its impact on the neighboring property and the course of any building permit proceedings. If you’re unsure whether your neighbor’s construction complies with regulations, please contact us. We will assess your specific situation, explore your options for moving forward, and help you draft a letter to your neighbor, file a complaint with the building authority, or, if necessary, take further legal action.
Important: The rules may change again soon. In 2026, Parliament passed a comprehensive amendment to the Building Code intended to further simplify and expedite the building permitting process. Among other things, it expands the scope of minor structures that can be built without a permit and, overall, aims to reduce the number of government agencies and opinions a builder must obtain during the permitting process. Although the Senate rejected the amendment in August 2026, the Chamber of Deputies overrode its veto on September 9. As of September 10, 2026, we are therefore still operating under the current rules—the amendment has not yet taken effect.
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