BUILDING work can be a common cause of tension between neighbours.
Renovations may help improve a home but for neighbours it can mean being disturbed by early morning work or builder’s mess.
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One homeowner has sought advice after letting his neighbour’s builder onto his property to complete house repairs.
The homeowner complained to The Times that this has caused damage to their garden.
There are a range of rules and legal routes to follow that can help neighbours avoid disputes over building work.
Here are your rights.
Talk to your neighbour
The first and cheapest route is to talk to your neighbour and try to come up with a solution.
The Royal Institute of Chartered Surveyors offers a boundary mediation service, and neighbours can access 30 minutes of free advice from a chartered surveyor.
Your local council may also offer a mediation service.
Legal action
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A homeowner is supposed to get a legal document called a party wall agreement signed if they are carrying out works near or on a property boundary.
This sets out the work being carried out and the times it can be done.
According to Gov.uk, building works must avoid causing unnecessary inconvenience and protect a neighbour’s property from damage.
A homeowner must also fix or pay for damage that they cause.
Notice of between two months and one year usually needs to be given depending on the circumstances.
You can find out more about getting a party wall agreement on the Gov.uk website.
It is possible to take legal action against a neighbour if you can’t come to an amicable solution on a party wall agreement or if damage is caused and no-one is taking responsibility.
Solicitors at Russell Cooke highlight a Court of Appeal judgement that is often referred to in these sorts of cases.
The judgement from 1937 said everyone has to put up with a certain amount of discomfort when dealing with temporary operations such as building works.
It said: “If they (building works) are reasonably carried on, and all proper and reasonable steps are taken to ensure that no undue inconvenience is caused to neighbours, whether from noise, dust, or other reasons, the neighbours must put up with it.”
Solicitors at Russell Cooke add that the problem with complaining is being able to show that the “reasonableness threshold” has been passed and some of this may be covered by planning rules or a party wall agreement.
The firm said: “All of this adds up to a great deal of uncertainty – about whether a case will be successful, and therefore its cost and related risks.
“Often the works are carried out by homeowners, adding another level of complication as one usually, but not always, endeavours to remain cordial with one’s neighbours.
“The works might cause disturbance, but the bigger picture of having to live with the neighbours often influences complainants to bite their tongue and put up with more than they need to.”
Check your home insurance
Damage to your property may be covered by your home insurance and you could make a claim from your neighbour’s provider.
You would need to prove who caused the damage though and your neighbour would have to agree.
Alternatively, if you have legal expenses cover with your insurance you could take your neighbour to court and make a claim if they are refusing liability.
This can be an expensive route if you don’t have legal expenses cover though.
CompareTheMarket said: “If you do take your neighbour to court, it’s worth considering the difference in price between the solicitor’s fees and repairing the damage yourself.
“If it’s going to cost you substantially more to take your neighbour to court than it will to repair the damage, it makes sense to pay for the repairs out of your own pocket.”
We explain whether you are eligible for compensation if your neighbour’s “for sale” sign broke your fence.
Garden plants can also cause conflicts, we round up your legal rights if your neighbour’s hedge is taking over your garden.
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