Recording neighbouring buildings before construction
How developers record the condition of neighbouring buildings before excavation and can assess later claims.
Record the facades, cellars, stairwells and rooms of neighbouring buildings before work starts, ideally with the owners. If a dispute is likely, a court-appointed expert records the condition.
What belongs in the evidence record?
Everything that could later spark a dispute over cracks or settlement.
- 1
Facades
Every side facing the site, with existing cracks and spalling.
- 2
Cellars
Walls and floors, where settlement often shows first.
- 3
Stairwells
Walls, ceilings and the joints to the stairs.
- 4
Flats
Rooms on the side facing the site, only with the occupants' consent.
- 5
Existing cracks
Every crack with location, length and course, so it can be found again later.
- 6
Copy
Each owner gets a copy, which makes the record reliable for both sides.
Why this matters
Under § 909 BGB deepening land must not take away the neighbouring plot's necessary support. Whether a crack came from the construction can only be answered if it is established how the building looked before work began.
General information, not legal advice.
Frequently asked questions
Private record or independent evidence proceedings?
For most neighbouring buildings a careful private record, to which you invite the owners, is enough. If a dispute is likely or the risk is high, the court procedure carries more weight, but it needs an application and costs court and expert fees.
May I enter the neighbours' flats?
Only with the consent of the owners or occupants. You can photograph facades from public ground or from your own plot.
When is the right time?
Before the first excavation, before demolition and before work that causes vibration. A second walk-through after the groundworks shows whether anything has changed.
Also in this topic: Deemed acceptance of a new build: deadline and notice for developersDefect reports after handover: how developers check themAll guides: New builds & the Abnahme
Is excavation coming up?
Record the neighbouring buildings before the first excavator arrives. BildProof guides your team through cellars and stairwells and creates a structured condition report per building.
See BildProof for developers