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When your neighbor's sewage treatment plant threatens your property
How to defend yourself in construction proceedings
Are you planning to build a well or a house on your property? What if you suddenly find out that your neighbor is planning to build a sewage treatment plant a few meters from your property line? You might think:
“That can't be a problem.” But it can be—and a big one.
At ARROWS, we often help clients in just such situations. When a neighbor's construction project may interfere with your rights, it is important to know how to defend yourself—and, above all, that it is possible.
Author of the article: ARROWS (Mgr. Daniela Sobotková, office@arws.cz, +420 245 007 740)
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Why deal with it?
At first glance, a domestic sewage treatment plant (WWTP) may seem like a normal and harmless structure. However, if it is poorly located, it can:
- prevent you from building a well (or other structures) on your property,
- reduce the value of your property,
- cause odors, noise, or waterlogged soil,
- and disrupt the peace and comfort of your home.
Our clients often feel helpless in such situations. They feel that there is nothing they can do about it – but the law gives them clear rights.
How do you know if you have the right to object?
If the planned construction is located near your property and could affect it in any way, you have the right to participate in the building permit proceedings. You also have the right to object – for example, because the plan threatens your plans, the value of your property, or directly your health and the environment.
What can you object to?
In a specific case we recently dealt with, a client objected to a sewage treatment plant that was to be located only 2 to 4 meters from her property. She argued that:
- she would not be able to build a well due to the protection zone,
- the treatment plant's infiltration system had not been professionally assessed in terms of its impact on surrounding properties,
- there could be odors, noise, aesthetic degradation of the plot, and a risk of loss of investment value,
- there was a safer solution that the neighbor had initially promised but ultimately rejected without explanation.
Although the builder submitted a hydrogeological assessment, it completely ignored the impact on neighboring properties. This should be a matter of course—it's not just about land and water, but also about fair treatment and good neighborly relations.
What to do if this happens to you?
- Follow the building proceedings – you can register as a participant.
- Consult a lawyer – they will help you draft strong and well-founded objections.
- Negotiate with your neighbor – ideally, try to find a mutual solution.
- Don't give up – even if the builder argues with expert opinions, it is important to check their completeness and actual impact on your land.
When is it time to speak up?
As soon as possible. Objections must be submitted within short deadlines – if you miss them, it may be too late. It is best to contact a lawyer as soon as you learn of the plan.
Construction law experts:
Summary
Defending your rights in construction proceedings makes sense – and can often affect not only your land, but also the future of your entire investment. Even a seemingly inconspicuous structure, such as a domestic sewage treatment plant, can fundamentally change the usability and value of your property. The law is on your side – it is important to know how to apply it correctly.