Question:
My next-door neighbor is preparing to build a house, and I am very concerned that the construction may cause damage to my property. What should I do to protect my rights?
Answer:
Article 605 of the 2015 Civil Code regulates compensation for damage caused by houses or other construction works. Specifically: “The owner, possessor, or person authorized to manage or use houses or other construction works must compensate for damage caused by these structures to others. If the contractor is at fault for allowing the house or other construction works to cause damage, they must jointly compensate.”
Therefore, if your property suffers any damage, you have the right to demand compensation from the owner of the neighboring property. However, under the law, the burden of proving the damage and the amount of compensation lies with the claimant (you must have documents and evidence to prove your losses).
To protect your rights:
Before the neighbor’s construction begins, you can discuss with them the potential damage that may occur during the construction process. Both parties should document the condition of your house prior to the construction and draft an agreement on potential damages. If the neighbor does not cooperate, you can request a bailiff’s office to create a record of the pre-construction condition.
After the construction is completed, if any damage occurs, for quick resolution and to maintain good neighborly relations, you should meet with the neighbor to negotiate compensation.
If no agreement is reached, you can hire an appraisal company to determine the specific level of damage and file a lawsuit with the competent court to demand compensation, thereby protecting your legitimate rights and interests.
