Advice on party wall problem needed

[jo jo blue]

Hi all can anyone help please?

 

My horrible neighbour submitted plans to build a HUGE extension in 2013. At the time I protested to the council, but it largely fell on deaf ears, although they agreed to reduce the outer wall by 6 inches!

This year a party wall agreement was put in place and work began on 1st August. However, the very 1st night my guttering was ripped away and rain poured in. There were also dirty rivers of liquid streaming down the walls (that had just been painted) and other damage. The following day, we spoke to one of the builders who looked at the damage, admitted liability and agreed to replace the guttering first, then do the other repairs. We have not seen him since!

 

 

Things are now much worse, our fence has been completely trashed and there is further damage to the property. The house is also covered in brick dust. The neighbour wont speak to us and has moved into a house his wife owns next door but one!

 

 

We keep being told it will be put right at the end - but we are having to live with all the noise and stress of this and every day more damage seems to be occuring.

 

 

What can we do? The surveyor said we have no proof of what the builder said and has virtually called us liars. He even suggested that we get the repairs done ourselves!

 

 

Any advice would be welcome, thanks in advance.

Edited September 16, 2014 by citizenB
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[Guest]

keep a record of any things done and said, including photos of damage etc.

 

see for eg https://www.gov.uk/party-wall-etc-act-1996-guidance

 

re the booklet there;

'The Building Owner is responsible for making good any damage caused by the works or must make payment in lieu of making good if the Adjoining Owner requests it.'

 

if any damage requires immediate attention, then they shld make good (or pay for it) accordingly?

maybe they need reminding of their obligations?

[jo jo blue]

Thanks so much, but he has already ignored a letter stating what his obligations are. He is an awful person who has already said through his Surveyor he isn't willing to put anything right until the end and then he will contest it.

[Guest]

here is the act

http://www.legislation.gov.uk/ukpga/1996/40/contents

 

note s7, and s10 (dispute resolution), etc

 

has an agreed surveyor (s10) been appointed? or has it not got that far yet?

[jo jo blue]

Thank you, yes a surveyor has been appointed. He has got and the one supposed to be representing me sides with his surveyor. No one will listen to us I'm afraid.

[Guest]

under s10, there shld then be one agreed 'third' 'neutral' appointed surveyor. and if not agreed, then govt can appoint one.

 

your surveyor sides with theirs in what specific way?

 

(am presuming the act is applicable in yr circumstances)

[jo jo blue]

Both surveyors claim that we have to wait until the 'end' that is when the work is all finished to get any repairs done. They seem to think we are making a fuss, but there is a quite a lot of damage and the guttering is beyond repair. Can we contact the 3rd neutral surveyor for help and advice? Thanks.

[Guest]

it may be that it will be at the 'end'. if compensation cant be agreed then, then a third surveyor can be appointed to assess and resolve.

but, if any damage needs immediate attention, then it shld be addressed immediately imo.

plus, according to that gov info you are entitled to request payment in lieu?

a third surveyor wld be under s10 of that act. ie agreed by by each parties surveyor if poss, otherwise one can be appointed. have a look at s10. if doing so, ensure they are 'neutral'.

[jo jo blue]

Thank you so much. Some of the work is urgent, so I will contact the 3rd surveyor who oversaw the party wall agreement, do you think that is best?

[Guest]

oh ok, you already have the 'third' surveyor? i did ask prior!

yes, why not see what they say. and double check the 'agreement'

[jo jo blue]

Many thanks to you we have been worried sick and losing sleep over this.

[Conniff]

So what did the third surveyor say ??

[jo jo blue]

So what did the third surveyor say ??

 

I am yet to hear back from them I'm afraid.

[Conniff]

Can you keep this updated please Jo Jo, I have a son in a very similar position.

[jo jo blue]

I will do. It is so worrying. Someone has mentioned trying my house insurer to see if they can help legally.

[raydetinu]

Did you appoint your own surveyor ( 2nd one )? fees paid for by owner.

Did your surveyor prepare party wall award/agreement for you and owner next door to sign?

Any damage or works to mitigate further damage/water ingress must be done by owner doing works, and if not done in timely manner your surveyor can instruct that it be done by another builder and make award for owner to pay for it. This can be pursued through the courts if they wont pay.

Also if they start to make matters worse you can get an injunction at court on the same day to stop them. ( you just need to turn up at court and see a judge ).

Bear in mind though that you might not get costs for this if not justified if they defend later.

[jo jo blue]

Thank you. My neighbour and his wife are mad I think. They just ignore everything and seen determined to treat us as badly as possible! There were 2 surveyors initially, his and a company who contacted me offering to act on my behalf. He is paying them as well and as such they seem to be totally biased towards him. They have not helped us at all really and keep telling us we have to wait until the end. I am yet to hear from 3rd surveyor, who I have had no dealings with. Neighbours have commented that my house is being trashed and I have now been advised by friends to try my house insurer. I don't see any other way to force the neighbours to pay up, despite this being in the Party Wall Award.

[raydetinu]

As said you do not have to wait to the end if damage is being caused to your property, such as water ingress etc.

You house insurer may well help if you wish to take legal action.

When is the third surveyor due to make his award? chase them for a date.

[steampowered]

The most important thing is to make sure you have evidence of everything. Take clear pictures of every single piece of damage. That will put you in a much stronger position if you need to get someone to pay for it later. If this ends up in court you'll need all the evidence you can get.