To avoid being wrongly sued by neighbors, what should be done before building a house?

"I plan to demolish my current house to build a new one. I've noticed that the two houses next door to mine are old, weak, and dilapidated, so I'm quite worried that the construction might cause cracks in their walls or damage their houses. To avoid being unfairly sued for damages, what do I need to do before building to prove that these problems weren't necessarily caused by my construction? Please advise me."

The concerns and questions raised above are from reader The Quynh.

Consultant

According to Mr. Huynh Nhat Truong, Head of the Southern Bailiff Office, According to Article 174 of the Civil Code, you must ensure the safety and not infringe upon the rights of the owner of the adjacent property.

Để tránh bị hàng xóm bắt đền oan, cần làm gì trước khi xây nhà? - Ảnh 1. — Mr. Huynh Nhat Truong, Head of the Southern Bailiff Office

The homeowner must compensate for damages if the construction process causes harm to others. If the contractor is at fault for causing damage during the construction of the house or building, they must be jointly liable for compensation (according to Article 605 of the Civil Code).

Your neighbor's house is dilapidated, so building your new house could easily cause cracks, subsidence, or even collapse. Therefore, to minimize damage, before demolishing the old house and building a new one, you can take the following steps:

Step 1: You need to work with your neighbors to inform them about the construction and agree on compensation for any damage caused.

Step 2: If your neighbor agrees, you can request a bailiff to create a record documenting the entire condition of their house. If they refuse entry, you can create a record documenting the condition of the exterior of the house.

Step 3: During construction, if any problems occur with your neighbor's property, it's ideal if both parties can reach an agreement. If the other party doesn't agree, you can request a bailiff to create a written record documenting the incident and the meeting between the parties regarding compensation (if any).

If necessary, you can also negotiate with your neighbor to hire a qualified construction survey, inspection, and assessment firm to reinforce and secure their property before and during your construction. If they do not cooperate, resulting in damage to their property, this could be used to determine fault. Depending on the circumstances, you may not be liable for compensation or your liability may be reduced (according to Articles 584 and 585 of the Civil Code).

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