Construction work, even if carried out on your own land, can affect your neighbors—from physical proximity to the connection of engineering networks. Therefore, in certain cases, it is necessary to obtain the consent of the owner of the neighboring land before starting construction. Although this obligation is not always clearly defined, Lithuanian construction law provides for several specific cases where consent is mandatory and where it is recommended.
This article will discuss in detail:
- when a neighbor’s consent is required by law;
- the difference between mandatory and non-mandatory consent;
- what distances are critical;
- examples from practice and real-life situations.
When is the neighbor’s consent required in relation to the proximity of construction?
Construction work close to the plot boundary is one of the most common cases where written consent from the neighbor is required. Although the construction is carried out on your own plot, the law sets a clear limit of 3 meters from the plot boundary, which, if exceeded without consent, may violate the interests of the owners of neighboring plots.
Construction of a building closer than 3 meters
According to STR 1.05.01:2017 Annex 7, when the distance between a building (or part thereof) and the plot boundary is less than 3 meters, the written consent of the owner of the adjacent plot is required. This rule applies to all structures whose structural height is equal to or greater than the distance to the boundary.
In addition, STR 2.02.09:2005 states that the construction of residential houses or their outbuildings closer than 3 m from the plot boundary is only possible with the clear and prior written consent of the neighbor.
“The most common case is when residents want to build a farm building in the corner of a plot, closer than 3 meters. If there is no consent, even the highest level project will not help.” – VTPSI advice, 2017 clarification
Practical example
If a builder plans to build an extension to a house with a final distance of 2.6 meters to the plot boundary, a building permit will not be issued without the written consent of the neighbor. Such consent must be submitted together with the design documents before the permit is issued.
Connection of engineering networks through a neighbor’s plot
When building a residential house or other structure, it is often necessary to lay engineering networks—electricity, water, sewage, communications—through or along a neighboring plot.
In such cases, even if you have a building permit, an additional step is required – written consent from the neighbor.
When is consent required?
According to STR 1.05.01:2017, Appendix 7
If
- engineering networks (pipelines, cables, sewerage wells, etc.) are laid across a neighbor’s land plot;
- part of the planned infrastructure falls within 1 meter of the neighbor’s boundary (even if it does not physically cross the plot but borders it);
- excavation work is being carried out or equipment is being installed that may affect the land used by the neighbor;
then written consent must be obtained. Such consent shall be submitted together with the project documentation before the building permit is issued.
Important clarification
The State Territorial Planning and Construction Inspectorate (VTPSI) has noted that even if the technical solutions do not prevent the neighbor from actually using the plot, consent is required because this is provided for by normative legal acts:
“The neighbor’s consent is required when designing networks that cross their land or reach up to 1 m from the boundary. Consent is considered conditional, but without it, a permit will not be issued.” – VTPSI consultation
Practical example
If you are planning to connect to a water supply that runs through your neighbor’s yard or install a sewer well in the boundary zone, even if this is done “on your own land,” the project will not be approved without consent.
Other cases when you need to get your neighbor’s consent
Although neighbor consent is usually required when building structures closer than 3 meters from the property line or laying utility networks, there are other situations where the law requires written permission from the owner of the adjacent property. These situations are often overlooked, but they can have serious legal consequences if ignored.
Installation of retaining walls, fences, and slopes
According to STR 1.05.01:2017 and VTPSI explanations, when planning to build retaining walls, embankments, slopes, or other terrain alterations that may affect the stability of the neighboring plot, the neighbor’s consent is required. This is particularly relevant for construction on sloping plots or where the terrain is artificially altered.
If a fence is erected on or near the boundary of a plot, it is necessary to ensure that the structure:
- does not extend beyond the boundary of the plot (even by a few centimeters);
- does not worsen the microclimate of the neighbor’s plot (shading, restriction of air movement).
In such situations, a preventive consent requirement is often applied, even if it is not formalized in the building permit procedure.
Structures higher than usual
According to STR 2.02.09:2005, when the height of a structure exceeds the distance to the plot boundary, the consent of the neighbor is required.
This applies to both residential and farm or auxiliary buildings when they are close to the plot boundary.
For example, if a building is planned 2 m from the plot boundary but is higher than 2 m, consent is required.
Solar power plants and other equipment
If you plan to install solar collectors, modules, or other energy equipment that:
- is designed close to the plot boundary;
- casts a shadow on the neighbor’s property;
- may cause noise, reflections, or other disturbances;
it is also recommended to obtain the neighbor’s consent—even if this is not formally required by the STR, the VTPSI or the municipality may request it during the project approval process, based on the principles of proportionality and impact.
What should the neighbor’s consent look like? Form and submission procedure
When the neighbor’s consent is required, it must not only be verbal or friendly, but also comply with the formal requirements of the law. Such consents must be clearly defined, documented, and submitted to the responsible authorities in a timely manner.
Requirement for written form
According to STR 1.05.01:2017, the neighbor’s consent must always be submitted in writing. This means that a verbal agreement or a signature on the project drawing is not sufficient – the consent must be a separate document with clearly stated information, the neighbor’s signature, and the date. If submitted via electronic systems, a qualified electronic signature is required.
Essential information in the consent
The consent must include the neighbor’s personal data or company details (if it is a legal entity), the addresses of the plots and their unique numbers. The document must clearly state the name of the building, its distance from the plot boundary and the location of the object for which consent is being given. It is customary to attach a drawing of the project to the consent. The most important thing is that it is clearly stated what construction the neighbor agrees to, without the possibility of ambiguous interpretation.
Submission procedure and time
The consent must be submitted during the design phase, together with the technical design. This is usually done through the Infostatybos system before submitting an application for a building permit. If the project is submitted without consent, the issuance of the permit is suspended and the builder is required to obtain it and supplement the documents. Delays in such cases can be several weeks or even months.
“The general principle is that consent must be specific and clear. It is not enough to sign a drawing or give verbal confirmation – everything must be formalized in writing.” – Comment from the State Territorial Planning and Construction Inspectorate
What happens if a neighbor refuses to sign?
One of the most common problems in the construction design process is a neighbor’s refusal to sign a consent form. This situation may be justified (e.g., the planned object actually violates the neighbor’s interests) or the result of an emotional conflict. However, when consent is required by law, its absence prevents the issuance of a building permit.
Project adjustment
The first option is to make technical changes to the project. If the neighbor does not agree, the designers can look for solutions: increase the distance from the plot boundary, change the shape or orientation of the building on the plot. This often makes it possible to avoid the need for consent and continue the process.
Coordination through the municipality
Some municipal planning departments have commissions that can assess the conflict situation and, if there are valid reasons, allow the project to continue without consent. However, this exception is applied very rarely, usually only when a neighbor refuses to sign without any legal grounds and the project fully complies with all STR requirements.
Dispute in court
If the project meets all the requirements but consent is formally required, the only option left is to go to court. The court may decide to grant consent “in loco” – recognize that the neighbor’s refusal is unfounded and oblige the authorities to approve the project without this consent. Such processes are lengthy and often expensive, but they are used in practice.
“In case of disagreement, you have a choice: change the project or defend yourself in court. There is no third option – ignoring the requirements – in construction law.” – Construction law expert Ramūnas Janulis
Need help?
The nuances of construction law, such as the need for a neighbor’s consent, can raise many questions even for experienced designers or builders. Each case is unique, so it is important to rely not on hearsay or outdated information, but on applicable laws and clearly defined procedures.
If:
- you are unsure whether your neighbor’s consent is required in your case;
- you have a project but are unable to obtain consent;
- you are unsure which form to use or where and how to submit it;
- you have encountered an unreasonable refusal from your neighbor;
The stav.lt team can help you. We provide legal advice, help you assess your specific situation, review project solutions, prepare consent templates, and represent you in disputes. Whether you are building for the first time or dealing with complex documentation, we will help you avoid mistakes that could cost you thousands.