Blasting at a neighbour's house

What does the neighbourhood law say about blasting at a neighbour's property?

It is subsequent laws which regulates disputes about blasting by neighbours. The Neighbourhood Act is also known as the grannelova.

In order for the Neighbourhood Act to apply, the blasting must be unreasonable or unnecessary to the detriment or inconvenience of the neighbour. In disputes about blasting, it is the wording «unreasonable» and «unnecessary» that is worth noting.

What is unreasonable blasting?

It's reasonable for your neighbour to want to build a basement on his house, but it's unreasonable for him to blow it up and damage your house.

What is unnecessary blasting?

It is necessary for the neighbour to blast in order to build on the home, but it is unreasonable if he blasts in the evening and at weekends.

What rules apply to blasting?

Under the Neighbourhood Act, neighbours are required to give notice of any blasting that may cause damage or inconvenience to their neighbours. Neighbours are also not allowed to start blasting without taking adequate measures against landslides, shaking, rubble and the like for the neighbouring property.

What is the tolerance limit?

There is always a limit to the inconvenience you have to put up with from your neighbours when it comes to blasting. This is often referred to as the «tolerance limit». When this limit is exceeded depends on a discretionary assessment that in some cases must be decided in court.

Can I stop the blasting before my neighbour can start?

Answer. In certain cases, blasting at a neighbour's property may be so inconvenient that it must be stopped before it has begun in order to prevent irreparable damage to your property. In such cases, you may be entitled to demand that the neighbour stops the work, or that the neighbour carries out the work in another way that does not harm or inconvenience you.

In such cases, it makes sense to contact a lawyer who is an expert in neighbour disputes.

What can I do if my neighbour's blasting is illegal?

According to the Neighbourhood Act, you can demand rectification and compensation if your neighbour's activities are illegal.

What is rectification?

This means that illegal activities must stop and be rectified. In this context, rectification can mean that the blasting must be carried out in a different way so that the inconvenience to you ceases.

What is compensation?

If the damage or inconvenience is not rectified, you can claim compensation. In order to claim compensation, you must have suffered a financial loss as a result of your neighbour's blasting. Such a loss is, for example, cracks in your foundation due to your neighbour's blasting.

Compensation for a breach of the Neighbourhood Act requires that you can show that there is a causal link between the damage and the neighbour's blasting. This is a strict liability. This means that the neighbour must pay compensation regardless of whether the neighbour is guilty or not.

Can a claim for compensation be cancelled?

In cases where your neighbour's building cannot withstand much, the claim may not be valid. If the cracks in your house are due to poor foundations, your liability may be cancelled.

However, your neighbour may still be liable for damages if he knows that your foundation is poor and fails to notify you that he is going to start blasting.

Should I notify my neighbour about blasting?

Answer. A neighbour notification is positive because it shows that you take your neighbours into account by informing them of what will happen. Most neighbours tolerate blasting as long as the inconvenience is not too great and they know about the work in advance.

It's important to know that you can't blast as much as you want just because you send a neighbour notification. You still have to comply with laws and regulations.

How do I proceed in a neighbour dispute about blasting?

The easiest way to prevent neighbour conflicts is to raise the problem with the neighbour in a polite manner. If this does not work, it is important that further dialogue takes place in writing. This should clearly state that you are complaining about the blasting. If this does not lead to a solution either, you should contact a lawyer who is an expert in neighbour disputes.

Do I need a lawyer?

What is unreasonable or unnecessarily inconvenient for you can be difficult to assess. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In a neighbour dispute about blasting at a neighbour's home, your home insurance or house insurance will normally have a legal aid cover. This covers your legal expenses up to NOK 100,000 in the event of a noise dispute. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in neighbour disputes.

We always offer a free conversation about your case. Get in touch with us today.