HELP please...neighbour built patio above my blue bricks...

[JoGord]

...and now I have the most hideous damp in my kitchen.
This has been going on for years and I am at my wits end. I've had builders, damp experts, even environmental health come to look at the problem - they ALL say it's because he's raised his new patio above my blue bricks, he says No! He says cos he built it 'block and beam' so it's 'hollow' underneath, it can't cause damp, so he hasn't caused the problem. But all the experts say he has - and the damp only extends as far as his patio! I've no damp in last 1.5 metres of my kitchen...the 1.5 metres that extend after his patio ends. My house is over 100 years old and I have no damp anywhere else at all. But he just won't have it. I don't know what else I can do...can anyone help me please?? I've attached pics. I've thrown nearly £1000 at this over the last few years, but nothing fixes it. I haven't been able to repaint in my kitchen, its an absolute mess and I don't know how to sort it.
I'm a single mum, he's a bully, please help if you can. Be grateful for any advice at all. Thanks so much.

 

[freddiemercurystwin]

Got some bigger photos of the problem wall inside and out so that we can see things in context?

 

[JoGord]

Hi,
He won't let me go round to take pics from his side. I can get some more pics of inside and post them on later (at work at the min sorry). I've had 2 lots of damp proof 'rods' inserted over the last couple of years...that's what the drilled holes are at the bottom of the wall pics. Obviously they've done nothing. Anyway yes, I'll post some more pics when I get home. I'll try to hang over the fence to get some outside pics too. I think he's trained his massive Alsatian to go for me, but I'll do my best! Thanks for coming to me.

 

[IWalkLikeHimaMartian]

Hi,
He won't let me go round to take pics from his side. I can get some more pics of inside and post them on later (at work at the min sorry). I've had 2 lots of damp proof 'rods' inserted over the last couple of years...that's what the drilled holes are at the bottom of the wall pics. Obviously they've done nothing. Anyway yes, I'll post some more pics when I get home. I'll try to hang over the fence to get some outside pics too. I think he's trained his massive Alsatian to go for me, but I'll do my best! Thanks for coming to me.

Consult expert legal opinion. The first few minutes will be free, and it could provide an estimate of any legal costs.
Although any official approach may have to be declared in a sale of your property.

 

[JoGord]

I was trying to avoid legal route, given the relationship between us is already unbearable. he wants to sell his house soon, but I will make sure the estate agents know there is a dispute going on as soon as his board goes up - there's no way I'm going to let him move before this is sorted. Anyway thank you - I think legal advice is probably my only way forward now. He'll never accept he's wrong that's for sure.
Thanks

 

[JoGord]

Can I just ask - from a builder/expert's point of view - he shouldn't have built above my blue bricks, should he?
Sorry, I'm just a girl, and he takes advantage of that. grr!
Thank you.

 

[bernardgreen]

You mention environmental health. Have you involved the Building Control Officer at the local council ? Both they and the Planning Department would have been very lax if they had approved plans for a patio that drained onto your wall. So if they approved it you may have a case against them. Or if they did not approve the patio then the person has contravened the Planning and / or Building Regulations. It is possible that the council could require the patio to be altered to include proper drainage and may enforce the alterations if the person refuses to carry them out.

If he wants to sell then definately contact the planning and building control offices and formally inform them of the situation. Then there will be a record of a dispute on the property's records that will come to light when the buyer's searches are carried out. That could make selling difficult until remedial work is carried out.

 

[^woody^]

even environmental health come to look at the problem - they ALL say it's because he's raised his new patio above my blue bricks

Its a Statutory Nuisance, and you should get your council's environmental health officer to enforce under their powers. Its quite simple, and will be at no cost to you.

 

[JoGord]

I'm going to email Environmental Health and ask them to come back into this one. And I'll speak to the Planning dept at the borough council too. Thank you. I'm also going to check my home insurance - if I have legal cover I'll give them a call and explain and maybe they will help me. Thank you for the advice all.

 

[^woody^]

I'm going to email Environmental Health and ask them to come back into this one. And I'll speak to the Planning dept at the borough council too. Thank you. I'm also going to check my home insurance - if I have legal cover I'll give them a call and explain and maybe they will help me. Thank you for the advice all.

No other council dept can help you. It would be a civil matter (for damage to property) between you and your neighbour, with no legislation to assist you otherwise. And as with any civil matter, the burden of proof is on you as the claimant.

However what helps you is the internal dampness and the fact that it can be "a nuisance and/or prejudicial to health", and those are important words. What this does is bring in the council's responsibilty to ensure and enforce public health, via the EPA 1990.

The council can serve an abatement notice on the neighbour to require the problem is abated within 21 days, else face the magistrates court. You need to push for that.

After that, that will allow you to then make a sucessful claim for damages in the civil court - possibly assisted by your insurer (but not as an insurance claim)

 

[JoGord]

You're a star. Thank you so much for spelling this all out to me like this - I know what to quote to the E.H team now. Really appreciate the advice, thank you.

 

[WabbitPoo]

please keep us informed.

 

[Hugh Jaleak]

You mention environmental health. Have you involved the Building Control Officer at the local council ? Both they and the Planning Department would have been very lax if they had approved plans for a patio that drained onto your wall. So if they approved it you may have a case against them. Or if they did not approve the patio then the person has contravened the Planning and / or Building Regulations. It is possible that the council could require the patio to be altered to include proper drainage and may enforce the alterations if the person refuses to carry them out.

If he wants to sell then definately contact the planning and building control offices and formally inform them of the situation. Then there will be a record of a dispute on the property's records that will come to light when the buyer's searches are carried out. That could make selling difficult until remedial work is carried out.

Since when have you needed Building Control Approval or Planning permission to build a patio?

 

[Newboy]

Does your home insurance have any legal assistance as a part of the policy?

 

[vinn]

I've learned quite a bit from this thread.
My thinking was is it somehow a PWA (part wall act ) issue?

As a building contractor, most of my legal experiences have involved getting my money from scally deadbeats & paying it out to legal deadbeats.