August 2021
Toronto and the GTA are, like most urban areas, crowded and noisy. Add in more new development than virtually any other city. When that development includes a building next door frustrations can seem overwhelming.
The owner of a property has a right to build on the space as determined by the city or region. Local residents have a right to the peaceful enjoyment of their home as a refuge against months or years of construction noise.
Maintaining this balance should commence before ground is broken. Develop a dialogue with the developer to understand timing of events and impact on adjacent properties. It is in the developer’s interest to have this conversation to ensure their project proceeds smoothly. They want to maintain a good working relationship with the community to avoid complaints and delays.
If development is next door there is a good chance they will require access to your property. Protect yourself by requesting the developer undertake a conditions survey of your property to develop a baseline for comparison. This helps determine if damage is caused after construction begins.
Take photos of the interior and exterior property, and have residents take photos of their suites, before construction commences to help document damage that may occur.
An active construction site will likely result in greater traffic, pests, vibration and general inconvenience. Noise is likely to be the biggest problem. Complaints are likely to be more prevalent in suburban or rural areas less accustomed to noise and with fewer noise restrictions.
Try to negotiate an agreement with the developer to preserve the residential nature of the area.
- Seek to limit noise to daytime hours excluding weekends to provide residents with a respite from noise when the area is usually quieter.
- Minimize dust and debris by asking the developer to “water-down” the site and use fabrics to shield the area.
- Vibration caused by blasting and pile driving can be more troublesome from smaller buildings which require a foundation closer to the surface. Seek to have a vibration monitor installed during construction.
- Activity from pests and vermin increase when their homes are disrupted by new development causing them to find a new home. This can be minimized if the developer employs an extermination company to eradicate as many pests and vermin as possible prior to demolition and ongoing. The problem is unavoidable so consider having your pest control service visit more frequently.
Priorities for a developer differ from those of a neighbouring building or community. Developers desire to put up a building as quickly as possible, at minimal cost and conflict. A neighbouring building or community seeks to protect their property and residents, and to maintain quality of life. Working together is the best way to achieve these goals so long as both parties remain reasonable.
