Objections to Neighboring Construction

When a neighbor or entrepreneur promotes adjacent construction, many property owners only discover late on that the planned project may dramatically change their quality of life. New construction can damage privacy, block views, reduce natural light penetration, create loads and affect property value as well.

In such cases, it is not always right to wait until construction is actually carried out. Sometimes the most critical stage is the planning stage, where it is possible to submit an orderly objection to the plan, to a permit request, to facilitate or to nonconforming use. An early and proper action can prevent injury or significantly reduce it.

When does a neighbor's construction warrant legal review?

Not all adjacent construction is a legal violation. However, when the construction materially changes the condition of the property, there is room for inspection. A violation of privacy, blocking of light, reducing or blocking a landscape, unusual height, nearby commercial use, noise, increased traffic or a serious impact on the reasonable use of the property – all these may justify action.

Common types of injuries

• Privacy violation due to windows, balconies or direct view of property.
• Blocking an open view that was part of the property's worth and character.
• Significant reduction of natural light and ventilation.
• Addition of transportation loads, noise or problematic use in the immediate vicinity.

Resisting the planning stage versus retroactive treatment

The most effective way to deal with abusive construction is at a stage where the plan or request is still open to objection. When the plan is deposited or when a permit application is published, an official objection can be reviewed. If this stage is missed, the legal options may be more limited.

However, even if construction is already underway, it is still necessary to examine whether there is an exception to the permit, whether there is illegal use or whether there is other grounds for intervention. In some situations, a planning process can be combined with enforcement or daily tort claims.

How the injury is examined

Not every feeling of discomfort will suffice. The plan, pitch conditions, distances, elevations, window placement, the extent of shading, the nature of the area and the impact on the specific property should also be examined. Sometimes it is also necessary to have an architect, appraiser, or appropriate consultant examined.

When is it best to act

It is worthwhile to act immediately upon receiving notice of the publication of a plan, request for a permit, relief or nonconforming use, or once reliable information about expected construction is received that may infringe on the rights. The sooner you act, the greater the chance of influencing the outcome.

Frequently Asked Questions

Does a view injury always warrant resistance

Not always, but in some cases it can be part of a broader argument about actual damage to the value and quality of life.

What to do if the neighbor is already building

It is necessary to check whether the construction matches the permit, whether there is an exception and whether there is grounds for planning or legal action.

Is privacy a well-known design claim

Yes, in some cases privacy infringement is a relevant consideration in the context of opposition to a plan or request for a permit.

When should a lawyer be contacted?

Once an expected or existing construction is discovered that may violate the rights, it is advisable to seek early inspection and not wait for the work to be completed.