When a Neighbour’s Building Work Becomes More Than Just an Inconvenience
Home improvements are a fact of life. Whether it’s a loft conversion, rear extension, basement excavation or simply a long-overdue renovation, most of us accept that some temporary disruption is inevitable. However, there is an important distinction between putting up with the occasional inconvenience and living next door to building work that becomes excessively noisy, dusty or even causes damage to your own property. A very good recent article in the Coventry Telegraph highlighted the issue quoting several expert lawyers, quoted below, writes Zah Azeem MRICS, Partner at Wimbledon based Chartered Surveyors Scrivener Tibbatts.
At Scrivener Tibbatts, we regularly advise homeowners, landlords and developers on Party Wall matters, boundary issues, Schedules of Condition and neighbourly disputes. Many problems can be avoided entirely if the correct procedures are followed before work begins.
Not every inconvenience amounts to a legal nuisance
As Karl McArdle, co-founder of The Property Buying Company, explains: “There’s a big difference between reasonable short-term inconvenience and what the law considers excessive or unreasonable disruption. If building work is creating persistent noise, excessive dust, vibrations or debris that substantially affects someone’s ability to enjoy their home, it can potentially fall under statutory nuisance rules, meaning councils have powers to investigate and intervene. Don’t just assume that because work has planning permission, neighbours automatically lose their rights.”
Simply obtaining planning permission does not remove a property owner’s obligations towards neighbouring properties. Construction work must still be carried out reasonably and with proper regard for those living nearby.
Joanne Ellis, partner and specialist in dispute resolution at Stephensons, also notes: “While they may have the right to carry out improvements, there are clear legal limits on how that work is carried out and how it affects those living next door. There are legal protections in place, particularly where works affect shared walls or boundaries.”
Similarly, Jill Carey, property litigation partner at Freeths, observes: “The court will try to balance the rights of one neighbour to a quiet and peaceful life with the rights of the other neighbour to carry out works to the property so that maintenance and redevelopment are not stifled. The test, as is so often the case with legal issues, is one of reasonableness. The party carrying out the works must take neighbouring properties into account… the party living near the site is expected to understand that builders make noise, and to have a reasonable degree of tolerance.”
When does disruption become a legal problem?
Construction work will inevitably generate some dust and noise, but the law generally expects these effects to be temporary and proportionate. Katarina Morgan, a partner and mediator at Taylor Walton, explains: “One or two noisy periods or dust or small amounts of rubble falling into a neighbour’s garden causing no damage is unlikely to merit a nuisance.”
However, prolonged disruption may become another matter entirely.
Clare Good, property litigation partner at Knights, says: “Even where the works themselves are lawful, they should still be carried out lawfully. The law allows a degree of tolerance, but excessive noise, dust or debris (especially if continuous) can cross the line into a legal nuisance if it interferes with your enjoyment of your home. Where disruption becomes excessive, local authorities can step in. Environmental health teams have powers to investigate noise, dust and other statutory nuisances. However, they will often be slow to act and known to simply advise that it is a civil matter.”
Building work near shared walls
Many of the enquiries we receive concern loft conversions, rear extensions and basement works that affect adjoining properties.
Where work involves a shared wall, excavations close to neighbouring foundations or structural alterations, the Party Wall etc. Act 1996 may apply.
This legislation exists to protect both owners by establishing a clear legal process before work begins. It frequently involves serving formal notices and, where necessary, preparing a Party Wall Award. There is a formal process which is designed to manage exactly this type of neighbour impact. Advice should be sought quickly if you think that a shared wall is involved and the neighbour has not served party wall notices.
A properly prepared Party Wall Award often includes detailed schedules recording the condition of neighbouring properties before work starts. These Schedules of Condition provide valuable evidence should damage later be alleged.
Without these protections, disputes can quickly become expensive and difficult to resolve. This is one of the most commonly overlooked legal obligations in residential building work and gives neighbours significant rights they did not know.
Keep talking
Perhaps unsurprisingly, the first step is always to try to resolve the matter directly and amicably with your neighbour. Most people underestimate how effective a calm, documented conversation can be. If discussions fail, it is sensible to keep a diary recording dates, times, photographs and any evidence of damage or excessive disturbance. This information may later prove invaluable should professional advice or formal action become necessary.
Working hours
Most local authorities expect noisy construction work to be carried out during standard daytime hours. Jill Carey notes that this is “usually” regarded as 8am – 6pm Monday to Friday and 8am – 1pm on Saturdays. Although, as Katarina Morgan also observes: “It should be remembered that home owners are broadly permitted to make a noise from anywhere from 7am to 11pm.”
Requirements can vary between local authorities, so it is always worth checking the guidance issued by your own council.
The legal framework
Several pieces of legislation may apply depending upon the circumstances, including:
The Control of Pollution Act 1974, which allows local authorities to control construction noise and working hours.
The Environmental Protection Act 1990, under which excessive noise or dust may constitute a statutory nuisance.
The Party Wall etc. Act 1996, where qualifying works affect neighbouring properties.
Planning conditions attached to any planning permission.
Legal action should be the last resort
Court proceedings over neighbour disputes are rarely quick or inexpensive.
Legal action should always be the last resort – it is costly and time consuming. Any dispute with neighbours has to be declared should you choose to sell your home – and that can impact its value and prospects of achieving a sale
How Scrivener Tibbatts can help
At Scrivener Tibbatts, we regularly assist homeowners and developers before building work begins as well as when disputes arise. Our services include Party Wall advice, preparing and serving Party Wall Notices, acting as appointed surveyors under the Party Wall etc. Act 1996, preparing Schedules of Condition, advising on boundary issues and providing expert professional guidance where neighbouring properties may be affected by construction work.
Obtaining the right advice at an early stage is often the simplest and least expensive way to avoid disagreements becoming lengthy legal disputes. If you would like to discuss something related to a property valuation specifically a Lease Extension, Freehold Valuations and Market Valuations for disputes, please contact Zah direct via email at zah@scrivenertibbatts.co.uk or call 020 8947 7040.
