With ever more complex construction, new techniques, taller buildings requiring deeper foundations or simply large developments, there is an increasing need to mitigate the potential risk of claims from adjoining owners within the ‘Zone of Influence’ (the area within which adjoining properties may experience the effect of the work).
For some adjacent properties/structures, it is possible to deal with concerns via the control afforded by the Party Wall etc Act 1996, however, this only relates to properties within a 6 metre zone – as described within Section 6 of the Act. In the absence of any form of agreement, claims can be brought by owners in common law for physical damage to their properties that result from negligence or nuisance in pursuit of development works. In addition, claims can also be made in relation to noise or vibration which, although harder to prove, are of equal concern.
Cooper’s Building surveyors offers a full range of surveys and advice related to adjacent development including zone of influence surveys. We find these to be highly beneficial for developers in mitigating claims for assumed damages and also for adjacent owners wishing to protect and identify defects arising from adjacent works