Building work can be noisy and disruptive. The law recognises this, so the Building Owner is entitled to cause reasonable disturbance.
However he must not cause unnecessary inconvenience. Only what is necessary.
Necessary is not simply about convenience or lower cost for the Building Owners or their contractors. If the work could be done in such a way as to cause less inconvenience, but at a greater cost, the Building Owner must bear that cost.
Where the Building Owners and his builders actions cause a direct and measurable loss to the Adjoining Owner or Occupier, then he may be liable for financial compensation. For example, a business suffering reduction in trade due to the disruption may be able to make a claim for loss of earnings.
Just because it is inconvenient having a building site next door does not mean you are entitled to compensation.
The Party Wall Act does not relieve Building Owners from their duty to keep noise and vibration within defined limits or to work within specified hours. They are still bound by normal health and safety and environmental protection legislation.
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Why risk it?
Karmjit Grewal MFPWS
Coburns Party Wall
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