Construction adjacent to one’s neighbour
Question:-
If one builds adjacent to the neighbour’s boundaries, what are the procedures to be followed? If he builds without following proper procedures, is there any recourse, particularly if the neighbour is not satisfied?
Basically, what are the rules pertaining to constuction next to one’s neighbour?
Answer:-
The books of Fiqh do not mention any particular rules and regulations that one is required to meet and adhere to when putting up a building on his own land or property. This would simply mean that one is free to utilize his land according to his discretion. However, a simple principle to bear in mind, is that one should not cause any form of inconvenience to the neighbour when erecting or building one’s property, rather one should always keep the comfort and happiness of the neighbour in mind as well. Rasulullah Salallahu Alaihi Wasallam is reported to have said, “The one whose neighbour is not safe from his harm cannot be a believer.” [Re:- Saheeh Bukhari]
عَنْ أَبِي شُرَيْحٍ أَنَّ النبيَّ – صلى الله عليه وسلم – قالَ: “واللهِ لا يُؤْمِنُ، واللهِ لا يُؤْمِنُ، وَاللهِ لا يُؤْمِنُ”. قيلَ: وَمَنْ يا رَسولَ اللهِ؟
قالَ: “الَّذِي لا يأْمَنُ جارُهُ بَوائِقَهُ”. (صحيح البخاري)
However, it is a different matter that according to South African law one is not permitted to build adjacent to his neighbour’s wall but is required (according to law) to leave a gap of approximately 2 meters on either side before erecting a building. We, as Muslims, should try to uphold and adhere to the laws of the country, particularly when the law of the country doesn’t contradict or oppose our Deen. Yes, where there is a contradiction between the law of the country and the law of Allah Ta’ala, then we will always uphold and give preference to the law of Allah Ta’ala over the law of the country.
If one has already put up a structure which is causing inconvenience to the neighbour then one should try and rectify the issue to the best of one’s ability, and thereby please the neighbour. However, if the structure is not harming the neighbor in any way, then the neighbour should be accommodating as well without being petty and causing unnecessary issues. This would be the ruling from a Shari’ee perspective.