Liability of the Developer and the Rights of Adjacent Property Owners Arising from the Use of Tower Cranes

Document Type : Promotional Article

Authors
Rahim Mokhtari 1
Ehsan Yosefi 2
1 Assistant Professor, Department of Private Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran
2 Ph.D. Student in in Private Law, Islamic Azad University, Shiraz Branch, Shiraz, Iran
10.22034/lc.2026.577167.1749
Abstract
The expansion of high-rise construction and increasing urban density in Iran have made tower cranes a central feature of construction sites. Due to their significant height and wide operational radius, the risks associated with these cranes often extend beyond the construction boundary, affecting adjacent properties and public spaces. Adopting a descriptive analytical approach, this article examines the liability of the developer and the chain of operational actors across three stages: installation, operation, and load handling. It also articulates the enforceable rights of neighboring property owners in terms of rights to adjacent airspace, the right to ordinary use free from nuisance, and the right to reasonable safety. The legal framework of the study is grounded in the Civil Liability Act, the doctrines of direct and indirect causation under the Civil Code, and specific safety and building control regulations especially Part 12 of the National Building Regulations and the protective directives issued by the Ministry of Labour. The findings indicate that although fault-based liability remains the dominant standard, the inherently hazardous nature of tower crane operations heightens the professional duty of care. Violations of safety requirements frequently serve as strong evidence of fault and causation. The article further emphasizes the preventive role of non-judicial authorities and proposes practical measures for documentation, lift path control, and risk mitigation.                                                                                                                             
Keywords
Tower Crane
Neighboring Rights
Developer&‌rsquo؛ s Civil Liability
Load Overflight Prohibition

Subjects