Have you ever had a neighbour’s pergola built too close to your boundary and it’s starting to affect your property? Or have you ever wondered what the legal pergola height limit is?
or you are wondering if there are bylaws regulating these types of structures you might be thinking?
Here’s what you need to know.
On average, the maximum height of a pergola with a shaped roof should be no greater than 4m high or 13′. However, depending on where you live and your local ordinance, the maximum height might be lower. It’s best to check your local laws first if your neighbour’s pergola is within the allowable limit.
What Can You Do About It?
If you have an issue with your neighbor about their structure, you might want to first speak with them about it before going further. It’s always better to talk it out, especially if your neighbor is willing to fix the problem.
If they’re not willing to help you out or if the structure has already been built too high that it blocks your view or causes other problems on your part, you may discuss it with your local council as a last resort.
You may decide that your neighbor’s pergola doesn’t bother you that much and choose not to do anything about it to preserve the goodwill between your neighbors.
If you are a confrontational type of person then you can ask the local council to pull it down if it was indeed found illegally built or beyond the allowable height limit.
Can Your Local Council Pull Down A Structure?
Your local council has the authority to remove or to make anyone pull-down illegally built structures within their jurisdiction. Depending on your local ordinances, the council might need to notify or communicate with your neighbour. They will probably order them and ask them not to build any higher.
So if your neighbour’s pergola is causing you worries or you know it is illegally built, you may contact your local council and get them to pull it down.
This will require the neighbour to pay for it if they don’t want to take it down. If they don’t, your council can pull the pergola down for free and charge the neighbour themselves.
It doesn’t matter whether it was recently built or not; if it was built illegally, the council has every right to remove or demolish it without notice.
Can You Sue Your Neighbor Over A Pergola That Is Too High?
It depends. it’s best to talk to an attorney who can advise you on your situation. However, keep in mind that you wouldn’t be able to get the neighbour to pull down their pergola just because it is too high.
If you sue them and win, the court may order your neighbour not to build anymore but they would still have their existing structure.
If you are interested, here’s a story about neighbours suing each other over illegally built structures.
Do I Have Recourse If My Neighbor Has Encroached Over My Property Line?
Yes, you do.
It all depends on what type of structure has been encroached upon (for example wall, fence or pergola). If you’re in doubt as to whether the encroachment is affecting your home or property value, speak with an experienced real estate lawyer before acting further.
In conclusion, if you are in doubt or not sure whether a neighbor’s pergola or other structure such as a wall, fence, or pergola is legal, instead of putting your house up for sale and moving across the street, you can seek the assistance of an experienced real estate lawyer or local council who will advise you on your situation and help navigate through these matters.