Neighbour's building work

[LK]

Could anybody give me some advice please. A developer started work last week refurbishing the house next door, which is great as it has been empty for a while. However, I came home today to find supporting props holding their rear wall up and a new steel put in place (probably for bifolding doors) but they have knocked out a few of our bricks to make space to fit the steel which is about 6inches in to our property and a few bricks have cracked underneath. We have had no prior discussion, consultation or any party wall agreement or notice. This was a surprise to us today. There is also some damage to the plaster work on the inside. We've arranged to meet the builder this weekend to discuss the issue but would welcome any knowledge and advice as we are new to this.

CAN ANYBODY HELP PLEASE?!!

[debs]

When we got our loft done we had to get a written agreement from the neighbours with the adjoining wall and there was a clause in the contract saying they the builders were responsible and would rectify any damage. the work couldnt go ahead without it.Luckily there were no problems but surely they should have contacted you first to discuss this and get your ok before they started knocking your property about. Hopefully they'll be reasonable when you meet with them. I'd contact The Master Builders Federation or Southwark Councils Building and planning dept for some advice. they should be able to tell you what your options are.Good luck.

[bryan]

There should be a party wall award in place,paid for by the people having the work done.I wouldnt get into discussion with the builder but call Soutwark council building control asap as they have the power to stop all work until the legalities are sorted out.

[Twirly]

Definitely get legal advice. Hope you get it sorted.

[KidKruger]

I think party wall agreements only cover amendments to, additions to, removal from the joint structural boundary wall.

Not necessary if you just plan to do some building work.

First I would get a structural surveyor to make an assessment of what appears to be being indertaken.

This assessment should be the basis of your response to the works by the developer, if you wish to engage over the damage you say you've seen.

Take photos.

[Mrs TP]

Wow - contact your building insurance people and discuss with them.

[first mate]

If they have interfered with the structure of the party wall without first informing you in writing then I think they are in breach of the law (party wall). I'd look on the planning portal for advice, I've a feeling you might need to enagage a party wall surveyor with a view to them having to pay for them.

They are definitely in breach of the law, but you need to get the next step right and I think the planning portal will have the best advice.http://www.planningportal.gov.uk/permission/responsibilities/beforeyoustart/otherpermissions/partywall

[polla2256]

Record the conversation but let them know this. it's extreme but can you trust them if they have already crossed the line. Also get any agreement in writing and take a 3rd party along with you.if it's been empty don't worry about annoying your new neighbour as it will probably be rented if it's under development.I also agree with a survey, record the fact that any agreement you make well be subject to a survey, you will contact your insurers(this will scare them) and must have any agreement scrutinized by a solicitor at their cost. If they don't play ball take legal action and tell the council.

the reality may be somewhat different when you meet, but make sure when you do meet you have in mind what you want them to do, if it's an apology fine, if it's a but of building work even better.

[Huggers]

When developers next to us began to dismantle our boundary fence and encroach on our property and raise the level of their garden on foundations of rubble three feet above our fence, we got in touch with Southwark council who stopped the work till it was sorted out.

[Jeremy]

KidKruger Wrote:

-------------------------------------------------------

> I think party wall agreements only cover

> amendments to, additions to, removal from the

> joint structural boundary wall.

> Not necessary if you just plan to do some building

> work.

I'm positive that embedding an RSJ into a party wall requires a party wall agreement!

If the developer is able to fix the damage very quickly (i.e. days rather than weeks) and agrees to draw up a party wall agreement for any other similar future work, then I'd be inclined to let it go. But if he is slippery about it, you need to get in touch with the council asap.

[red devil]

This is incredible. For a start it's 100% illegal (Party Wall Act). Any builder going down this route probably has a horse tied up outside the front of the house, therefore you need to act accordingly.

Don't let him fob you off with pleasantries and offers to put the damage right, the structural integrity of YOUR property may already be seriously affected. Seek professional advice but don't employ a surveyor, the onus (and costs) is with the 'developer'. Tell them to stop work immediately (a legal requirement) until an independent surveyor visits the properties and a Party Wall agreement is in place.

Works of this nature fall within Building Control jurisdiction too, speak to Southwark Council regardless.

Good luck...

[AbDabs]

Jeremy Wrote:

-------------------------------------------------------

>

> I'm positive that embedding an RSJ into a party

> wall requires a party wall agreement!

>

> If the developer is able to fix the damage very

> quickly (i.e. days rather than weeks) and agrees

> to draw up a party wall agreement for any other

> similar future work, then I'd be inclined to let

> it go. But if he is slippery about it, you need to

> get in touch with the council asap.

Anything that encroaches on your boundary wall (or beyond!) needs a party wall agreement so there should be one in place in this situation. But the point of the agreement is in part to record the condition prior to any work being done so I wouldn't let them do anything - certainly not repair - until you've had a surveyor check the existing condition and record the damage done so far. If they cover up the damage before an agreement is in place you may not have any redress later e.g if there are latent defects, as you won't have the evidence. The developer must agree to paying all your surveyors costs. I would be very concerned by the behaviour to date and Southwark council would be my first port of call.

[LK]

Thank you all for your advice. We spoke to the developer who apologised and offered to do some other work for us. Great, but he couldn't confirm that he had used a surveyor and our house was fine. I'll speak to the council first thing on Monday. Thanks again everyone.

[Huggers]

this man is the very useful man '[email protected]'

[KidKruger]

Jeremy wrote:

KidKruger Wrote:

-------------------------------------------------------

> I think party wall agreements only cover

> amendments to, additions to, removal from the

> joint structural boundary wall.

> Not necessary if you just plan to do some building

> work.

I'm positive that embedding an RSJ into a party wall requires a party wall agreement!

Then we're agreed on what a party wall agreement is needed for. Embedding a steel into a party wall is an amendment to the party wall.

[Lowlander]

Phone the council first thing Monday. I'm very sure you should have had a party wall agreement for this (which should have been sent to you months in advance.

In the meantime just be wary of the builders, even if they are friendly and offer to help.

[Lowlander]

duplicate post, sorry

[red devil]

KidKruger Wrote:

-------------------------------------------------------

> Jeremy wrote:

> KidKruger Wrote:

> --------------------------------------------------

> -----

> > I think party wall agreements only cover

> > amendments to, additions to, removal from the

> > joint structural boundary wall.

> > Not necessary if you just plan to do some

> building

> > work.

>

> I'm positive that embedding an RSJ into a party

> wall requires a party wall agreement!

>

> Then we're agreed on what a party wall agreement

> is needed for. Embedding a steel into a party

> wall is an amendment to the party wall.

KK, a Party Wall Award isn't just for works associated with party walls, it can be required for certain other major works too. For instance, if someone was building a rear extension within their own curtilage, the new foundations might be deemed to have the potential to undermine neighbouring foundations, and an award would be required. It's therefore always advisable to get a surveyor to ok beforehand whether or not an award is required...

[Ginster]

Echoing most posts here but just to let you know we're having our loft done which won't touch next doors wall at all but as its a terrace we have to get agreement from next door per 1996 Party Wall act. Worrying thing is they've never been asked before yet both sides have done work in the past! So not everyone seems to honour it. Our loft company told us we had to get agreement within 2 weeks else you are "in dispute" and have to get surveyor in to satisfy the other party.

Good luck, you have law on your side. Sounds like council might help.