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
UK Net Zero Carbon Buildings Standard V1 published
Free-to-access technical standard to enable robust proof of a decarbonising built environment.
Prostate Cancer Awareness Month
Why talking about prostate cancer matters in construction.
The Architectural Technology podcast: Where it's AT
Catch up for free, subscribe and share with your network.
The Association of Consultant Architects recap
A reintroduction and recap of ACA President; Patrick Inglis' Autumn update.
The Home Energy Model and its wrappers
From SAP to HEM, EPC for MEES and FHS assessment wrappers.
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.