Hello everyone, about three weeks ago we distributed notices in the neighborhood informing that the street in front of our property would be fully closed for construction work. We did not mention that the crane would be responsible for the closure, only that the street would be closed. The crane has been on the street since yesterday. So far, no loads have been moved using it.
Today, we received a call from a neighbor stating that this was not properly announced and that they do not allow the crane to swing over their property. The crane rotates in the wind (which it must), and naturally moves over all the houses. This is a very densely built and compact residential area. (For context: the street must be completely closed for the crane to operate.)
To build here, the crane inevitably has to swing over one or another property. However, loads will definitely not be moved over that neighbor’s property.
According to Google and court rulings, this could potentially cause problems for us legally. We are uncertain, as the crane will remain on site for some time and will continue to move in the wind. We have allowed neighbors’ cars to park on our property before the work started. We also permitted scaffolding for a neighbor to plaster their wall; we would never have decided otherwise and never expected to receive such a response.
I will, of course, speak with the construction company on Monday, but maybe someone here has an idea or has experienced a similar situation.
Today, we received a call from a neighbor stating that this was not properly announced and that they do not allow the crane to swing over their property. The crane rotates in the wind (which it must), and naturally moves over all the houses. This is a very densely built and compact residential area. (For context: the street must be completely closed for the crane to operate.)
To build here, the crane inevitably has to swing over one or another property. However, loads will definitely not be moved over that neighbor’s property.
According to Google and court rulings, this could potentially cause problems for us legally. We are uncertain, as the crane will remain on site for some time and will continue to move in the wind. We have allowed neighbors’ cars to park on our property before the work started. We also permitted scaffolding for a neighbor to plaster their wall; we would never have decided otherwise and never expected to receive such a response.
I will, of course, speak with the construction company on Monday, but maybe someone here has an idea or has experienced a similar situation.
It must be possible to build in such gaps; in cities, this is always the case with infill construction. Your general contractor should know how to handle this and shouldn’t shift the responsibility onto you. He already noticed the tight spacing of the houses during the first inspection.
xMisterDx schrieb:
The 3 weeks were already borderline; it should have been 4 weeks.
And you definitely should have informed that crane work was taking place and that the crane would be swinging over the property.
If the work can only be done that way, then usually the “hammer stroke” right applies.
But you need to inform the neighbors honestly and in good time. Costruttrice schrieb:
If the work can only be done with a crane or if any other method would involve considerable additional effort, the neighbor has to tolerate it. This is regulated under the "hammer stroke" and ladder rights. However, you must notify the neighbor in writing well in advance. You need to check the exact notice period that applies in your federal state under neighbor law — whether it’s 2 weeks or 2 months. As mentioned, this falls under hammer stroke and ladder rights. Although cranes are not explicitly mentioned here, they are included.
We have a neighbor like that too, who fusses just for the sake of it. I almost know neighbor law by heart… Unfortunately, I only found out about the regulations regarding swinging over neighboring properties today, after the phone call and some googling...
I know ignorance is no excuse, but lately there were really a lot of things we had to think about. We distributed the notices and thought everyone was informed.
We couldn’t really inform the neighbors much earlier because the permit for the road closure was still pending. It was communicated relatively short notice. We even distributed the notices before the “written” permit was issued. We had already received verbal approval, so we then distributed them.
Nida35a schrieb:
It has to be possible to build in such gaps,
in cities this is always the case with infill developments.
Your general contractor should know how to handle this and shouldn’t shift the responsibility onto you.
He already saw how tight the houses are during the first inspection. Unfortunately, we were not informed that this was something we needed to consider.
We also didn’t realize that operating the crane high above the roofs was not allowed. Otherwise, we would have informed everyone immediately, not out of obligation, but because we have communicated everything so far and have been open with the neighbors.
C
Costruttrice15 Jul 2023 22:03xMisterDx schrieb:
The 3 weeks were probably already borderline, it should have been 4 weeks.That is not generally true. It depends on the specific state. In our area, it is 2 weeks, in North Rhine-Westphalia it is one month, elsewhere it can be 2 months.
C
Costruttrice15 Jul 2023 22:15This situation with not giving prior notice didn’t go well. I would recommend meeting with him in person, apologizing politely, and explaining that you have since informed yourself and realize you should have notified him in time. Tell him you will now follow up in writing and that you are very sorry there is no other solution, but according to the hammering and utility line regulations, it is allowed. In the letter, I would also cite the relevant section again.
You certainly won’t get a building stop from the building authority because of this.
You certainly won’t get a building stop from the building authority because of this.