Trespass in buildings design and construction
In its widest legal sense, trespass is the interference of a person’s right to the security of their body, property or land.
Trespass in construction usually refers to intrusion upon land in the possession of another person without permission or right (this is as opposed to trespass to the person).
Trespass can be by a person on the land, or by placing or leaving something on (or over) the land, although if materials pass onto the other persons land as a consequence of some action for which the defendant has a right, then this is a nuisance rather than trespass.
Trespass includes items such as cranes or scaffolding that might oversail adjacent property.
The tort of trespass is actionable even if no damage is suffered. Trespass can be restrained by injunction, and if losses are caused, damages are recoverable.
Construction often necessitate accessing the land of a neighbour. This must be done with permission (unless a right exists) which will usually be in the form of a temporary licence, perhaps in return for payment. However, even where someone is lawfully on land, they may still commit trespass if they exceed their rights or the permission that has been granted.
There will only be a criminal liability if there are aggravating circumstances such as criminal damage.
NB: The Party Wall Act allows access to adjoining property for the purposes of carrying out works under the Act whether or not the adjoining owner gives permission, however they must be given 14 days notice.
[edit] Related articles on Designing Buildings Wiki
- Adjoining owner.
- Adverse possession.
- Bridleway.
- Contract vs tort.
- Countryside and Rights of Way Act 2000.
- Derogation from grant.
- Easement.
- Light pollution.
- Negligence.
- Neighbour trouble.
- Nuisance.
- Party wall act.
- Permissive path.
- Pollution.
- Quiet enjoyment.
- Restrictive covenant.
- Right of entry.
- Right of way.
- Right to access land.
- Squatter.
- Wayleave.
Featured articles and news
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).
Ebenezer Howard: inventor of the garden city. Book review.
Airtightness Topic Guide BSRIA TG 27/2025
Explaining the basics of airtightness, what it is, why it's important, when it's required and how it's carried out.