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On Tuesday, a farmer in Eersel had to pay a large sum for a trench he dug on his own initiative. In order to drain the water from his fields, he dug an ecological corridor directly. As a result, the farmer had to pay a fine of 600 euros and pay several thousand euros to the De Dommel water authority to restore the damaged nature. What rules actually apply to digging in your own garden? Is it just allowed?
In principle, you can dig up to 40 cm deep with a shovel without reporting it to the municipality or other authorities. If you want to dig deeper, for example to build a pond in the garden, cables and pipes may become an obstacle. You are then obliged to make an excavation report, also known as a Klic report.
You can make such reports through the website Klic-app.nl is being done. You will then receive information about all the pipes and cables on your land. Do not wait too long to apply; you must do this at least 3 days before the work starts. It is also possible to submit a so-called preliminary notice in advance so that you can adjust the excavation plan according to the underground conditions.
If the Klic report shows that there are important cables or pipelines, then under the “precautionary measures requirements” you must contact the grid operator at least three days before work begins.
“The Earth Trembles”
An excavation report is always required when digging with an excavator or earth auger (also known as mechanical excavation or “earthing”). If cables and pipes are damaged while digging, it can result in dangerous situations and high costs.
The average cost of a Klic report is between €13.50 and €84.42 and it is valid for 20 working days. If you start too late or take a break during work, you must re-report. If you do not do this, you will face a fine ranging from €1,000 to €20,000, depending on the extent of the violation and the specific circumstances. The National Inspectorate for Digital Infrastructure checks whether the report has been submitted and imposes a fine if it has not been submitted.
Digging around trees can be difficult because the roots can spread far. When digging near a tree, you must consider the minimum digging position. This is determined by the thickness of the tree trunk. The thicker the trunk, the greater the minimum digging distance.
The law does not set a maximum depth for you to dig in your garden. It is important to take into account the presence of cables and pipes. These are usually at least 30 cm deep and can be up to several meters deep. If you do come across a cable or pipe, do not move or relocate it yourself. In this case, you must contact the relevant network operator.
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Farmer who illegally dug trenches must pay thousands of euros
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