Neighbourly Matters Overview
Who can be affected?
- Adjoining Property Owners
Crane Oversailing / Scaffolding Encroachment
If a crane oversails and trespasses in the air space of an adjoining owner written permission for the encroachment must be obtained from all parties with an interest in the land.
Similarly permission is needed for any scaffolding encroachment on adjoining owners' properties unless there is a right for a developer to erect it through the Party Wall etc Act 1996 or the Access to Neighbouring Land Act 1992.
Formal licences should be agreed that set out the extent of encroachment, indemnities given, regulate working practices and incorporate restrictions on loads being carried over the adjoining land and should also include reference to the payment of fees and costs.
Daylighting / Sunlighting / Overshadowing
The rights of adjoining occupiers to daylight and sunlight are being increasingly protected by planning authorities working to the guidance given in the Building Research Establishment's Site Layout Planning For Daylight And Sunlight: A Guide to Good Practice, which was revised in 2011.
Whilst not mandatory more and more local authorities are imposing the standards set out by conditions in planning permissions.
Control of Pollution Act 1974 / Environmental Protection Act 1990
Control of construction noise falls into the common law of nuisance and the Control of Pollution Act 1974. A developer must ensure that he takes "reasonable precautions" in order to minimise disturbance to neighbouring occupiers.
The developer should also be aware of the definition contained within the Act of "best practicable means" in other words considering local conditions and circumstances, the current state of technical knowledge and the financial implications.
To not do so could result in the Courts awarding an injunction to prevent the nuisance from continuing or an award of damages, or both.
If you require advice concerning a neighbourly matter or if you want to find out more about our neighbourly matters services please contact us or use the links below.