Imminent pulmonary exacerbation due to construction emissions

Question

We have a 3 year-old daughter with CF and live in a rented appartment with garden. An investor has taken over the premises and wants to sell the garden as building land and furthermore wants to carry out extensive structural changes in the house itself. We are afraid that the dust and exhaust emissions caused by that will lead to an exacerbation of our daughter’s state of health. Which legal possibilities are there to avoid the building measures or to delay them at least?

Thank you in advance.

Answer

Hello,

As a start, not all building measures do generally involve a risk for the (lung) health. Therefore, it should not be the first thing to think about appealing to court in order to avoid them.

Well, I do not know of course if your daughter does already have lung problems and I do not know either which risks have to be faced regarding the actual building measures. Neither do we have a construction expert in our group nor can it generally be prevented that building measures are done. Thus, specific CF reasons against a building measure are rarely the topic and therefore in my opinion it makes more sense to contact a tenant’s protection association.

If there is a particular question we could also try to help by means of the legal advice of the “Mukoviszidose e.V.” [German patient organisation]. Giving legal advice does only make sense of course if it is clear where an unacceptable impact is imminent.

Best regards,
Prof. Dr. TOF Wagner

08.07.2008