Demolition work: Not every crack in the neighbor’s House has to be paid not only noise and dust cause demolition work in inner-city locations. It is unpleasant when complaining residents about damage, notably cracks in their buildings. Often, it is however disputed whether these really are due to the demolition work, whether they were so already there before or just now to show themselves, because the building of the neighbouring building is flawed. The Hanseatic Higher Regional Court (judgment of 27 11 2009 – AZ: 1U 91/09;) Baurechts-Report 2/2010 -), now made an important decision: because the aggrieved neighbor in any contractual relationship to the demolition contractor, shall be liable for such damage unless a “tort” is him, when he has so at least negligently damaged the property of a neighbor. In practice, it will go about, whether with the demolition work responsible workers (the so-called agents, 831 BGB) have acted incorrectly and – if necessary whether the demolition companies for this vicarious agents shall be liable.
To do this, the Court found: the demolition company is liable “despite unlawful infliction of damage by a vicarious agents then if it acted objectively healthy, it doesn’t how any selected with care and supervised persons properly and sensibly would behave if he has acted,.” Because objectively healthy behavior, no claim would be against the demolition companies in case of own actions. In this particular case had the dredger leader of the demolition contractor of larger parts of the wall from a height of up to 3 m dropped, which has led to significant shocks in a neighbor’s House. However, the experts of the court calculated that the vibration velocity thus produced had been at the Foundation of the neighbouring House, far below the lowest tolerance value of the relevant DIN 4150-3 (vibrations in the construction industry – effects on structural systems), the vibration velocities in residential buildings up to 5 mm / s allow. This DIN is the current state of the art. Also a liability of the demolition company fold because thus the excavator guide DIN-compatible and therefore not defective didn’t behave. To note is that the Court here leaves open whether the cracks at the neighbor’s House resulting from the demolition work. Anyway, such adoption was not likely due to the fact that here the relevant DIN was complied with. Indeed, the Court indicates that it had used too little in this case, to look closely at the surrounding houses before the demolition, to appreciate, whether it was with respect to any shocks to vulnerable buildings.
“This would – have been created if they result should be on the vibrations caused by the demolition work in compliance with this traffic duty”. The demolition contractor had the susceptibility to cracking without interfering with the substance of the masonry for a closer inspection of the damaged house can not detect. He had therefore carried out the demolition work in same manner. In any case, we recommend challenging demolition work in densely built-up area, which monitor the work carried out by an expert and hold to allow compliance with the relevant rules of engineering. For the discussion of legal terms in this paper refers to the construction law dictionary. To find recent posts on the subject of construction law, construction law – forum. Dr. OLAF Hanson Attorney