What to do if you’re concerned about construction next door

Across Philadelphia, more than 200,000 rowhouses and twins are close to a century old. These aging homes were designed to stand together — which makes them susceptible to damage when demolition knocks out part of an intact rowhouse block, excavation undermines old rubble foundations, or new construction occurs at the property line.

As an Inquirer report detailed recently, in the 10 years since the collapse of a Salvation Army building killed seven people, Philadelphia continues to have problems with work being done on attached houses that weakens the adjoining structures, sometimes even causing structural problems to those adjoining properties. (See inquirer.com/collapse.)

If you see a for-sale sign on the house next door, or get an initial notice from the builder, you’ll want to pay attention. Here are steps you can take to protect yourself.

» READ MORE: 'The house is gonna fall on us': What happens when Philadelphia's aging rowhouses meet new construction

Don’t wait until construction breaks ground to learn about planned development, advises Kevin B. Watson, a lawyer with the firm Clark Hill.

Attend any community zoning meetings at which plans are discussed, and request information, including all plans from the development team — including the developer, architect, structural engineer, and contractor. The developer, under a recent law, must provide initial notice before requesting permits and then 10 days’ final notice before starting work that could impact adjacent properties, but you’ll want to proactively seek information as soon as possible.

Contact the Philadelphia Department of Licenses & Inspections (L&I) by calling 311, try to find out which inspector is overseeing the work, and let that inspector know of your interest in the project. (If you can’t get the phone number, try emailing, using the format Firstname.Lastname@phila.gov.)

Search the property on Atlas.phila.gov, LI.phila.gov, and eCLIPSE.phila.gov to find zoning plans and permits. You can also contact the City Council member who represents your district.

As soon as possible, file a Right to Know request to L&I’s open records officer, Tia Platts (tia.platts@phila.gov), for all permit applications; construction, demolition or excavation plans; and any other documents submitted for work on the property. File it using the standard form available at OpenRecords.pa.gov, and be sure your request is clear and specific.

Before work that can impact your property starts, a developer must provide you with a preconstruction survey of current property conditions, and a plan to monitor and protect your property. You should request a copy of that survey, review it carefully, and supplement it with your own photos documenting the state of your property.

Consider hiring your own structural engineer or architect to make sure the developer’s assessment is accurate and thorough. The engineer may identify vulnerabilities in your home that could be simple to proactively address, such as making sure your facade is attached securely to the house before disruptive work occurs next door. Or, the person may review the developer’s plans and propose modifications or additional protections.

Right now, no legal aid service is dedicated to helping homeowners. (Community Legal Services of Philadelphia has proposed such an initiative, but the city has not yet funded it.) If you have significant concerns, consider retaining a lawyer versed in construction issues to advocate on your behalf before any damage occurs.

Construction running up to your property line will in most cases require access to your property, whether to underpin your foundation or to seal the connection between roofs. For homeowners, a written access agreement can be an essential point of leverage in negotiating terms with a contractor.

Venise Castaneda-Whitaker — who runs a Facebook group, River Wards L+I Coalition, where neighbors help one another navigate construction issues — advises posting a “No Trespassing” sign right away, because Pennsylvania law provides for enhanced penalties for defiant trespass where notice is posted. If a contractor is on your property anyway, call 911.

Then, proceed with negotiating the written access agreement, preferably communicating in writing, such as by email. Make sure it’s as detailed as possible, including the parameters of the work and the work schedule. Volunteers have developed a template for this agreement with a wish list of crucial concessions, such as requiring the developer to pay for a third-party engineer’s review, specifying that all contractors are to be licensed and insured, and demanding that the neighboring home is to be added to the developer’s insurance.

If concerns about construction damage arise, Watson advised contacting both L&I and the developer simultaneously. You should also contact your homeowner’s insurance, though many policies refuse to cover damage in such cases.

But nonprofit lawyers also caution to think through the situation, since contacting L&I can sometimes backfire.

“People will contact L&I because they think they’re contacting the property police, and L&I will come out and inspect their property and they will give them a violation — because all L&I does is determine whether or not there is a dangerous or out-of-compliance condition going on,” said Andria Bibiloni of Philadelphia Legal Assistance. “It’s not their role to assign fault.”

However, some homeowners reported that L&I was able to step in and get the contractor to address damage.

For work without a permit, or beyond the scope of the permit: Call 311 or visit phila.gov/departments/philly311/

For work before 7 a.m. or after 8 p.m.: Call 215-685-7580 or email dphams_service_requests@phila.gov

For dust and noise complaints: Call 215-685-7580 or email dphams_service_requests@phila.gov

For work on a weekend: weekendworkLI@phila.gov, or 911.

To report property damage by city demolition contractors and others: Call L&I’s Emergency Response Unit at 215-686-2583 or 215-685-3055.

For work that poses an imminent danger, such as excavation undermining your house: Leave the house immediately and call 911.