Trespass in Apartments: Neighbours and Common Areas
In apartment buildings and complexes, trespass is a more nuanced issue. Neighbours may not enter private spaces without permission, even under the pretext of 'inspection'. Article 138 of the Dutch Criminal Code (Sr) also protects balconies and storage rooms as 'dwelling'.
Common vs. Private Spaces
| Space | Rule |
|---|---|
| Hallway/staircase | Freely accessible, no trespass |
| Private balcony | Only with permission |
| Storage room | Personal right to domestic peace |
Neighbour Disputes and Solutions
- Verbal demand: 'Leave my space!'
- Involve the police if refusal occurs.
- Owners' association (VvE) rules: No licence for infringement.
The District Court of Rotterdam (2022) convicted a neighbour for entering a balcony due to a noise complaint. As a tenant in an owners' association: consult the tenancy agreement and deed of division. Prevention: install locks and cameras with VvE approval.
This way, you prevent escalation and maintain your privacy.
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