Johan Helfensteijn and his wife Antoinette have won a court battle against the municipality of Landsmeer after an unauthorized home extension stripped their property of its detached status and dropped its taxable value by more than 100,000 euros, De Telegraaf reported.
Court Ruling Orders New Municipal Investigation
A Dutch court ruled that the municipality of Landsmeer failed to adequately investigate whether the neighbors’ home renovation complied with local building regulations. The court ordered local officials to review the situation and issue a fresh decision regarding enforcement. For the 65-year-old Helfensteijn and 62-year-old Antoinette, the verdict marks a major development after years of dispute.
We never expected this,
Johan Helfensteijn told De Telegraaf.
Property Damage and Health Impacts
The conflict began when neighboring residents built an extension directly against the couple’s exterior wall. A measurement by the Netherlands Cadastre (Kadaster) subsequently indicated that the structure crosses the property line by 31 centimeters. The resulting structural alterations left the couple’s home with persistent damp and mold issues. The loss of detached status cut the home's official WOZ property value by 136,000 euros. The ongoing stress has taken a physical toll, causing chronic migraines for Johan and forcing Antoinette to use a wheelchair for a period.
Ongoing Legal and Municipal Actions
Despite the favorable ruling, the legal dispute remains unresolved. The court stopped short of ordering the demolition of the neighboring extension, requiring the municipality instead to re-evaluate the construction permits and enforcement options. A separate civil lawsuit addressing the property line encroachment is also pending in court. A municipal spokesperson told De Telegraaf that local authorities are still reviewing the judgment and will schedule a telephone call between the mayor and Helfensteijn.
Protest Signs Outside Town Hall
Helfensteijn previously displayed a protest banner in his front yard criticizing the municipality for ignoring the situation. Following the court decision, he plans to update the sign to demand that local government officials redo their work and intends to resume demonstrations outside the town hall.
Frequently Asked Questions
What did the court specifically order the municipality of Landsmeer to do?
The court ordered the municipality to conduct a proper investigation into whether the neighbors’ extension complies with building regulations and to issue a new enforcement decision.
How much did the property value decrease according to the owners?
The couple states that the loss of their home’s detached status caused its WOZ valuation to drop by 136,000 euros.
Is the neighboring extension required to be demolished immediately?
No. The court did not order the structure to be torn down, and a separate civil procedure regarding the property line boundary remains ongoing.