Question from a reader:
I’m having trouble with the new construction next door. The work started last month, and I was informed by the sales representative that there might be some inconveniences. Since the day before yesterday, the framing work has begun, and heavy machinery is on site, but I was shocked to see materials passing over my property. Even when
my children are playing in the yard, heavy materials are passing overhead. Given the small size of the lot, this might be expected, but I haven’t given permission for the use of airspace above my property, and if a material were to fall, it could lead to a disaster. Is there nothing I can do but endure this? If anyone has advice on how to address this situation or how to consult about considerations for the site, I would appreciate your insights. Thank you.

How to Address Issues Related to Neighboring New Construction

With the start of the new construction next door, many people may be feeling various anxieties and worries. Particularly, when heavy machinery and materials are passing through the airspace above your property, it is natural to be concerned about the safety of children. In such situations, it is important to consider how to respond from a legal perspective.

Impact of Construction and the Law

First, let’s consider the impact of the construction. New construction can have various effects on neighboring residents, including noise, vibration, and, as in this case, the use of airspace above the property. Especially when materials are passing over your home, there are physical dangers involved, so caution is necessary. What is important here is the legal concept of “air rights.” Generally, property owners have certain rights to the airspace above their land. However, when construction is taking place, this right may be limited within certain boundaries. Specifically, there may be circumstances under which passing through the airspace is permitted if specific conditions are met.

Ensuring Safety and Possibility of Compensation

Next, let’s think about safety. In situations where there is a risk of materials falling, it is especially important to be cautious when children are playing. If a material were to fall and cause injury, who would be responsible? This is a crucial point that should be clarified legally. In this regard, you can request safety measures from the construction company. Specifically, you might ask for measures such as erecting nets around the construction site, limiting construction hours, or avoiding work during times when children are playing. Additionally, since construction companies may have liability for damages, it is important to keep a record of the progress of the construction in case of an accident.

How to Proceed with Consultation

Now, when it comes to actually proceeding with a consultation, how should you approach it? First, I recommend speaking directly with the sales representative or site supervisor in charge of the construction. It is important to communicate the situation calmly and without becoming emotional. In doing so, it is helpful to provide specific examples to clearly convey your concerns and anxieties. Also, it would be good to confirm what safety measures have been implemented and whether the workers have been specifically trained in these measures. This will allow you to gauge the seriousness of the contractor’s response. If you do not receive adequate responses, you can also consult with your local government office or building department. Such agencies have the role of confirming the legality of the construction and reflecting the voices of local residents, making them a very reliable resource. Even if you lack specialized knowledge, consulting with them may lead to new solutions.

Considering Psychological Aspects

I would also like to touch on the stress caused by the construction. As the work progresses next door, it is common for anxiety and irritation to increase in daily life. Particularly for families with children, concerns about safety can be overwhelming. In such cases, it is important to also consider the psychological impact. By organizing how you and your family feel, you can view the problem more objectively. Talking to friends or family can help alleviate the mental burden.

Conclusion

The new construction next door certainly presents issues that bring anxiety and stress. However, by considering solutions from a legal perspective, you can create a more secure living environment. First and foremost, it is essential to consult with the construction company and request safety measures. If necessary, consider consulting with specialized agencies and approach the situation calmly. Finally, don’t forget about mental health. Cherish the time spent with your family and make efforts to lighten any feelings of anxiety, even a little. Let’s maintain a positive attitude and work towards building a good relationship with our new neighbors.