When dealing with construction issues in Germany, it is essential to protect your property or land. Not only do properties have enormous financial value, but they also represent the centre of life and a place of retreat for you or your tenants. Damage to one’s property can occur, particularly during civil engineering works on the neighbouring property, but also as a result of other (construction) works carried out by neighbours. Noise pollution can also affect your quality of life during work on your neighbour’s property. Depending on the circumstances, you can claim compensation directly from your neighbour or the construction company carrying out the work. If you fear that damage may occur to your property during the work, you can also consider stopping the construction work using an injunction. Even a building permit granted to the neighbour can be challenged in the event of legal infringements, meaning that the implementation of the entire construction project could be prohibited using an injunction.
In this context, the German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal assistance. Our lawyers support you in examining neighbouring construction projects and enforcing your rights to protect your property. Of course, we also advise and represent you in the event of damage caused by public construction projects, such as sewer work or the laying of new pipes. Contact us today to benefit from our expertise.
Compliance with German Construction Law Regulations | Neighbour Protection in the Context of a Building Project
Even without damage to your property or other impairments to the use of your property, legal infringements can already occur, in particular in the form of the building permit being exceeded. This can include the building in question being built too high or conditions regarding car parking spaces not being implemented or not being implemented in full. This means that the building project does not fit in with the architectural image of the neighbourhood or causes future problems such as a lack of parking spaces.
The building permit can also constitute a legal infringement if it violates neighbour-protecting provisions of public building planning law or building regulations law. As a neighbour, you will usually be informed by the authorities in Germany when planning permission is granted or, depending on where you live and the building project, you may be asked to give your consent. This allows you to have the neighbour’s building project checked by a lawyer at this early stage. Such a procedure will enable you to have the construction stopped at an early stage and effectively protect your rights.
If the neighbour does not comply with German building regulations or the limits of the building permit granted, the competent authorities may not only stop the construction but may even revoke the building permit granted altogether.
Injunctive Relief in Germany: Noise Disturbance during Construction Work
Even if the construction project is lawful, damage and nuisance can occur during the construction work. This does not necessarily have to involve damage to your property – noise nuisance can also constitute compensable damage items. Authorised construction projects may cause a certain amount of background noise. This is generally acceptable. However, if your property use is significantly impaired as a result, you may be entitled to financial compensation in Germany.
If measures are taken that directly affect you – such as a construction pit that does not have the required minimum distance to your property – you can also demand injunctive relief in addition to compensation for any damage caused. The measures must then usually be stopped immediately until a final decision is made as to whether the measures may still be carried out in compliance with existing protection requirements.
Compensation for Damages and Equalisation Claim under German Construction Law
The central standard for neighbouring claims arising from building damage is Section 906 (2) of the German Civil Code (BGB), which regulates compensation claims under German construction law. This grants the property owner a claim for compensation against the owner or occupier of the other property, regardless of fault. In addition, claims under Section 823 BGB may also exist and be asserted, but these require at least negligence on the part of the other party.
Who is liable for what? – The Neighbour or Construction Company
In principle, the building owner, i.e. the neighbour, is liable for incidents on their property. They can be held liable to pay compensation for damage to neighbouring property even if they are not at fault. The no-fault claim for compensation under German construction law is based on Section 906 (2) BGB.
During construction work in Germany, certain duties of care and order must be observed, for which the construction company is responsible. These obligations apply not only to the contractual partner but also to the entire neighbourhood insofar as this is affected. This relates to the observance of rest periods, the creation of noise nuisance and the proper securing of the construction site so that it is ensured that no damage occurs to neighbouring buildings/properties – or, in the worst case, to people in the vicinity. When asserting claims for damages against the construction company, culpability is required, which can usually be proven by violating the given duties of care and order.
Neighbours and construction companies can also be held jointly and severally liable. This allows you to direct your claims for damages against both parties, which – due to the ever-present risk of insolvency – significantly increases your chances of unproblematic and complete enforcement.
Duty of the Injured Party to Minimise Damages
When asserting claims for damages in Germany, it should be noted that the injured party also has a duty – the duty to minimise damage. If it is foreseeable that the neighbour’s construction work will affect your own property or that an existing impairment will worsen over time, you as the injured party should act immediately.
On your part, the imperative is to minimise the damage as much as possible. It is crucial that you notify us as early as possible of any damage or imminent occurrence of damage and, if necessary, take immediate legal action. On the one hand, this will minimise the damage to your property and, on the other, you will be fulfilling your duty to minimise the damage. In this way, you prevent your neighbour from making a claim against you.
In legal terms, this duty to minimise damage arises from Section 254 BGB, which basically regulates contributory negligence and stipulates that the injured party must draw the debtor’s attention to the risk of unusually high damage or, if possible, avert or minimise the damage.
Practice Group: German Construction Lawyers
Practice Group:
German Construction Lawyers
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