Problems Due to Construction Next to My House

Construction next to your house can cause several problems, and the resolution of these problems will depend on the type of problem and whether you are an owner or renter.

The most common issues that arise when there is construction next to your house are noise levels and adjacent property damage.

Noise levels

Noise levels can come from outside construction or ongoing renovation within the building. Dealing with the noise levels will depend on whether you are the owner or a renter.

In New York, residential construction is allowed between 7am to 6pm on weekdays. Some alteration or repairs to existing one-family, two-family, or owner-occupied dwellings may be done on Saturdays and Sundays between 10am to 4pm. Commercial, street, and highway construction, on the other hand, can only be performed on weekdays between 7am to 6pm. Construction after these hours or during the weekend requires a construction variance from the Department of Buildings, unless emergency work is required for public safety.

A noise violation is usually measured in decibels. The noise should not exceed the ambient sound level by more than 10 decibels as measured 15 feet from the source. In order to prove this violation, however, you must file a complaint with the DOB and request an inspector to come to measure the decibel levels of noise. Unfortunately, the DOB has limited staff, and it can take time before an inspector can come to investigate your complaint. And sometimes, when the inspector is there to measure the decibel level, the construction noise is not happening.

Owner remedies for construction noise

Aside from making the requisite complaints with the police and the city, an owner can also request to negotiate an access and indemnification agreement. If successfully negotiated, the owner can receive thousands in easy money plus valuable protections for the property. In order to preserve an owner’s claim to the quiet enjoyment of property, however, it is important to begin the paper trial. Document construction activities through pictures and videos. Write correspondences with the construction manager or adjacent property owner and keep track of any evidence of intolerable noise, dust, and debris. This can help you negotiate a claim when you are interested in initiating a lawsuit for the violation of your quiet enjoyment of your property.

Renter options for construction noise

Renters have two options in cases of intolerable construction noise: constructive eviction or rent abatement.

Constructive eviction occurs when the landlord fails to uphold the warranty of habitability. It allows a renter to break the lease without any legal consequence. When an apartment experiences constant noise from ongoing nearby construction, the renter can break the lease by claiming that the apartment is inhabitable due to the noise. Your claim must be documented by pictures, videos, correspondence with the landlord on your complaints, proof that the landlord has failed to address your complaint, complaint with the DOB, and an inspector’s report from the DOB. As with any claim, documentation is very important in order to prove your reason for pre-terminating your lease.

Another option for a renter is to negotiate for rent abatement. When you are a good renter who is always paying on time, a landlord will recognize your value and will know that it will be difficult to find another renter, given the ongoing construction noise. You will be able to negotiate a significant reduction in your rent, together with an action from your landlord to install sound proof windows.

Property damage

Property damage brought about by ongoing construction, on the other hand, is a serious issue that has to be heavily documented in order to be successful in your dispute. Property damage is usually brought about by excavation in the adjacent property that is undergoing construction. Examples of property damage can include vibration-related damage and cracks on concrete patios, slab floors, doors, and window frames. Worse, it could destroy your property or impact the structural integrity of your house.

Hopefully, you already have a pre-construction survey on your house that would provide a baseline on the status and condition of your property. Documenting all construction activities (including photos and videos), your correspondence and complaints with the project manager of the construction, the immediate identification of damage in your property, and notifying the developer and the insurance company are all very important activities to create a paper trail regarding your potential claim. When property damage in your house occurs during to adjacent construction or excavation, hiring an engineer to inspect your damaged property and to provide an assessment of the damage, including the cause of the damage, will strengthen your claim in case it goes to court.

When there is construction next to your house and you are experiencing noise and property damage problems, creating a paper trail to document your issues is the most important step. When all else fails, lawyer up to protect your rights. Should you need assistance, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].