Noise And Nuisance Case ‘A Warning To Construction Industry’

Expert Comments On Court Battle


The successful court battle fought by residents living close to a renovation project should be a warning to developers and building contractors that they need to carefully consider the impact of their work on others.

A building contractor who had taken four years to complete a project on a terraced house which should have been completed within just one year, with the ongoing work causing a nuisance to neighbours, has been ordered to pay substantial damages amounting to just under £100,000  to the owners of the neighbouring property.

Among the problems highlighted during the case were scaffolding banging against the wall of the neighbours’ property, as well as workmen being able to see into their home due to the positioning of it. Damage was also caused to the walls of the next door property, while part of the roof was also thought to have been removed without notice.

Discussing the case, Danny Revitt, a property litigation expert at Irwin Mitchell’s Sheffield office, said the incident brought to light several issues which firms need to bear in mind when carrying out work close to other properties.

He explained:  “This decision highlights the importance to businesses in the construction industry of taking account of the effect of works on the owners and occupiers of neighbouring properties, whether this is in either a commercial or residential context.

“While some of the deficiencies on the part of the builders in this case were quite extreme, developers and building contractors should be alive to the possibility of such claims and do all they can to minimise the risks of a claim succeeding which could wipe out their profit on a project.”