Railway vibrations: a challenge for sustainable real estate?
||Railway vibrations: a challenge for sustainable real estate?
||24th Annual European Real Estate Society Conference in Delft, Netherlands
||In the area close to the railway vibrations can be expected due to the use of the railway by trains. Especially cargo trains can cause vibrations which can affect the real estate and the well-being of the users of this real estate. Railway vibrations are a complex issue. Passing trains – with persons or cargo – cause vibrations and these vibrations pass through the soil and can eventually reach the buildings in the neighborhood. But there are several parameters which determine if and to what extent a building can be affected by these vibrations: the type of train, the speed of the train, the rail track, the soil and the construction of the buildings in the area close to the railway. Various organizations are involved in the governance of railway vibrations. Transport organizations are responsible for the trains. In the Netherlands ProRail is responsible for the railway. The owner of the grounds next to the railway has (in theory) some responsibility regarding the railway vibrations through his soil. And the project developer that wants to develop new buildings in the area close to the railway has some responsibility. The future users of the buildings (e.g. apartments) in general need a healthy environment to live and to work in. Not only noise but also vibrations cause annoyances which negatively affect the quality of living and working in those buildings. Severe vibrations may also cause damage to buildings or may negatively affect the function of the building (for example a concert hall with the subway under the building). This paper explores the governance of railway vibrations in the Netherlands. The general question that is answered in this paper is: how Dutch legislation, policy and jurisprudence (case law) deals with ‘railway vibrations’ in relation to building and real estate. Also examples are given of the governance of railway vibrations in other countries: the United States, Canada, the United Kingdom and Germany. Another, more specific question is, if and how the developer of new real estate close to the railway can be (made) responsible for taking railway vibrations into account in the design phase of the building project.
||railway; governance; vibrations; legislation; real estate
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||Government Policy & Regulation / Tax & Legal Issues
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