Boundary construction on neighboring property - Consent declaration

Hello everyone,

a multi-family house is to be built on the property adjacent to the northern boundary of my property. The underground garage of the house is supposed to extend up to my property line.
Now the excavation is supposed to begin next week, and the construction contractor has asked me to sign a declaration of consent stating that I agree to the excavation and that he may also store excavated material on my property along the boundary. He has hinted that the structural engineer will not allow the excavation to start as long as there is no consent from the neighbors.

I am now wondering why I should agree to this. I have greater concerns that parts of my property might be adversely affected, the roof tiles and bricks stored near the boundary probably also have to be removed, and in general, I do not benefit at all from signing a declaration of consent.

How would you handle this situation? The fact that the structural engineer has concerns about starting without consent makes me all the more cautious, because that means my property will likely be affected.

I would appreciate advice on how to proceed.

Best regards
mertmk3

I am now wondering why I should agree here.

If he wants to store excavated material on your property, he should not do that without your consent. Presumably, no sheet piling is planned either, so the construction pit will temporarily extend onto your property.

I have greater concerns that parts of my property will be affected.

Without any support measures, for sure, but what exactly does "affected" mean. If it is a new development area and your property is neither landscaped nor fenced, you won’t suffer any disadvantage. The consent declaration must of course ensure that everything is restored to how it was before (or better).

the roof tiles and bricks stored on the border will presumably have to go as well

The construction workers can relocate them to another spot for you and, if desired, bring them back after the pit has been backfilled. Add another sentence to the declaration so that it will be remembered later.

in general I have nothing to gain from a consent declaration

Under the given conditions, however, you also suffer no damage. Documentation beforehand, clear communication about measures and expectations, and everything will be fine.

With English lawn at the border, of course, the situation looks different.

In general, I have nothing against a consent declaration.

Live and let live.
If you have no disadvantages, you don't have to stand in the way of your fellow human beings.

Planning failure to not clarify something in advance.

What is on your property - is it already built on, is the garden laid out?

depends on the federal state. hammering and ladder law. you can also simply give written notice 2 weeks in advance and just do it, compensate and pay rent for the storage of the excavation.