Spotlight on: Protecting Your Building from Demolition Next Door
April 9, 2015 — A cursory look around the city is all that's necessary to notice just how much construction is happening everywhere. It feels like there's scaffolding on every other block, as old buildings get reduced to rubble so new buildings can rise up. Commuters racing past almost get used to it, tuning out the noise. But it's not so easy for anyone who lives in a building that abuts another that's about to be demolished.
We're not just talking about the inconvenience of the noise, the dust, the shaking, and everything else that is par for the course in a massive construction project. Older buildings, especially, with potentially weaker walls are especially vulnerable to damage from adjacent construction work. It's true that the responsibility for protecting surrounding properties rests with the developer or owner of the new project. However, your board can still take precautionary steps to protect the building should anything go wrong.
Cover Your Bases
Consider conducting a survey of the building before any demolition or excavation begins next to it. The board can use this report as a baseline to compare against any future damage. In a preconstruction survey, an engineer visually inspects the building's structure and reviews the developer's demolition and construction plans to see if they adequately protect adjacent buildings. The engineer should take plenty of photos throughout the building. The more detailed and thorough the report (especially the photographic documentation), the stronger the board's case will be should damage occur. If your building is more than six stories tall, the most recent Local Law 11/98 façade inspection report can also be a useful tool for establishing the condition of your building before construction began.
Problem Signs
If you suspect your building has been damaged by construction, have your engineer survey the building again. Obvious problems to look for include shifted walls; damaged bricks, mortar, coping stones, flashing, lintels and relieving angles; and improperly spaced or non-existent expansion joints. Inside the building, the engineer looks for damage such as cracked or bulging walls, sloping or sagging floors, gaps between walls and floors or ceilings, and rotted or defective joists or beams in the basement.
Shaky Foundation
A shared foundation wall, known as a party wall, could increase the chances of damage to your building. Vibrations from the demolition or settling caused by digging next to or below your wall are likely culprits. The city's Building Code prohibits new buildings from sharing a party wall, so the developer must construct a new foundation and leave space between the buildings. Developers are also required to reinforce adjacent foundations when digging deeper.
Full Stop
If you notice any damage you think may be caused by the construction, keep an eye on it. If a survey determines that in-progress construction is damaging your building, exacerbating existing damage, or not following proper building code procedures to prevent collateral damage, your board may have to take legal action to have the work stopped.
Even if construction is underway and you suspect the damage has already been done, it's not too late to start laying the groundwork to prove that the construction is at fault. An engineer's survey can investigate whether the builders took the required precautions and document the current condition of your building, which can also be used as a baseline if the damage gets worse.
Monitor defects such as hairline cracks or gaps in the walls, and look for signs of water penetration, bulging, or other deficiencies as evidence that the damage is ongoing. The areas around the lintels are especially vulnerable. The basement wall, as the building's foundation, also bears the brunt of any additional loads on the building, so that should be monitored every day as well.
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