Abstract:

The nowadays highly increased construction activities often have some direct or indirect negative consequences for third parties, especially neighbours. Building machinery causes noise and dust, and also leads to shocks and vibrations; again, put up scaffoldings and construction materials piled on access ways due to construction works also impedes or even obstructs access and exit from and to the residences and shops located in neighbouring premises. Due to this reason, it sometimes occurs that neighbours suffer psychological disturbances it is also observed that tenants of neighbouring premises vacate their apartments or that the revenue of businesses decreased due to absence of customers. Apart from this, there are various negative consequences during construction such as the destruction of neighbouring buildings due to foundation excavation without taking necessary precautions or stockpiling of excavation land to the neighbouring property. It can be readily said that construction activities carried out under such circumstances reach difficult to bear dimensions for the neighbours. In this study, we have addressed the question of the extent to which neighbours who are aggrieved or harmed due to construction activities are obliged to bear these activities in the framework of neighbourhood law rules, and whether they have the possibility to prevent such adverse situations or in particular, if they can claim compensation for damages they suffer due to such activities from the property owner. The study also referred to the new regulations introduced in the Swiss Civil Code in 2009 where required for the matter in question, as well as compared with the provisions regulating the responsibility of the property owner according to the Turkish Civil Code.

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