Need some advice - building work and lack of party wall act

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Hi everyone,

I need some advice if possible below is the background of the issue:

I have lived in the property (3 bed semi) since 2009 and have had a quiet/friendly relationship with my neighbours. Last year we decided on renovating the ground floor of the house and build a rear extension. Planning permission was approved in March and work was due to begin in mid May. Due to a million things going on at the time I failed to read about the party wall act and the fact we needed to give written notice to my neighbours even though we informed them verbally a week before we began works. They were fine with it due to the fact they were moving at the end of June.

The works which fell under the party wall act ( chimney breast removal ground floor & extension) were carried out in three weeks when my neighbours were out at work to minimise noise effecting them. Originally we planned on using gallow brackets for the chimney breasts being removed but I just felt they were insecure and got in a structural engineer to provide a report so we could use steal beams instead. Before, during and after these works building control came in to assess everything and were happy with the standard of the work. My builder was always on the phone to them when he required any sort of guidance. So from my perspective in terms of safety things were done correctly .

However during the fourth week I was reading through everything again and noticed the requirement of written notice and the party wall act. I immediately went to my neighbours and told them that due to my own fault I should have provided written notice and followed the act however if they perceive any damage caused I am more then willing to put it right out of goodwill and as a good neighbour even if it means I provide the services of a surveyor.

At this point things began to turn sour they came round a few days later saying that cracks have started appearing in their ceilings and that they don't know what my builders are doing implying that the builders, by drilling in to the wall at the front of the house have caused cracks to appear. I went round with my builder and he immediately said there is no way those cracks were caused by the drilling or the removal of the breasts. From my point of view those cracks were actually painted over and the paint was not cracked, there was no plaster on the floor . At this point he wouldn't let me look at the damage upstairs and got a bit funny. Obviously it became clear as they are selling the house they expected me to fix it up for them for free. I didn't argue and instead said I'll take care of it.

Last week on Friday a surveyor came over which I booked in conjunction with my neighbour to survey his property for damage. The surveyor didn't inform my wife he had arrived as I was at work so went straight to the neighbours property. He then walked in to the house after my builder opened the door and let my neighbour walk in with him referring to him as "his assistant".

Before this I had provided the surveying company with a copy of the original plans, the structural engineer's report, pictures of the works (before, during and after); however the surveyor was completely oblivious to this and had not even seen them. My neighbour after seeing the plans on the wall, then commented on the fact that your not supposed to use gallow brackets and that they don't use those any more to which the surveyor then said they are illegal and he doesn't know how our plans passed building regs.

The surveyor then started to comment on the fact that there are two steel beams resting on a wall at the rear of the property and that the foundations are not strong enough to support the load. however as he hadn't read the engineers report his remarks were void as the calculations for loads etc are clearly stated on the report which building control has seen and approved the work. I contacted building control and they told me straight that the surveyor was completely incorrect and gallow brackets can be used depending on the circumstances and that steel beams are preferable.

My wife and builder were adamant that this surveyor was not acting correctly or impartially. I raised this with the surveying company who said they will forward my concerns on to the surveyor who will contact me.

So my questions are considering I am to blame for the fact I failed to read about the party wall act and provide written notice( which I admitted to), have I conducted my self properly/done enough in an attempt to make things right and should I be worried that a surveyor I paid for appears to be acting impartially especially if two people noticed this.

I have attached a picture of the wall the surveyor complained about where we replaced the old concrete beam which was above the old patio doors with a steal beam and one end of the beams supporting the chimney breast is resting (for some reason picture is coming out as upside down).




As you can expect I am completely stressed out by this to the point it is started to affect my ability to sleep any advice would be appreciated.
 
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The only mistake you made was explaining to your neighbour your failure to invoke the PWA AFTER the work was done. The PWA is intended to cover how works are done, so can not apply after your extension was built and your chimney breast was removed.

It is NOT an offence not to apply the PWA; the only recourse your neighbour has is to apply for an injunction to stop the work, while a surveyor is appointed. But you cannot 'stop' work which has already been completed!

If your calcs and work have been OK'd by building control, there's no real problem. The only issue maybe that the neighbour may try to blame you for any cracks in his house, and the onus will be on HIM to prove that - and how can he do that??

Stop stressing!
 
As above really

As for the surveyor, well, he is not instructed under the PW Act as a party wall surveyor, so he is not working for the Act, but working for you under a normal private contract.

This means that he does not comment to a third party (the neighbour) or discuss anything about the work to anyone except you. Further the neighbour can not rely on his report or comments

He is also not entitled to comment on things outside his remit (ie structural engineering matters) and definitely should not form opinion and discuss opinion with others before he has concluded his report and considered all the facts.

If he is doing any of the above then he is acting contrary to his instruction, contrary to his contract and outside his professional duty and guidelines.

Remind him of his duties, consider a formal complaint and demand a reduction in fees or no charge at all for all the trouble he has casued
 
Thanks for the replies Tony/Woody and putting my mind at ease! I was stressing as the person I spoke to at the surveying company scared the hell out of me saying that the neighbour can take legal action against me if he sells his house for less then market value and blame it on the damage I may have caused then intern sue me for loss of sale value. The surveyor also said this to my wife so you can image she was almost in tears and was also thinking the worst due to potential court costs, solicitor fees etc not easy when you have a two year old to worry about and most of your savings have just gone in to the house.
 
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Whether you used the PW Act or not, you would be responsible for any damage to neighbours property.

It will be up to the neighbour to prove, and that would be difficult for him as it would be easy to defend by you - it becomes prohibitively expensive with a high risk of losing his claim.

I can't understand the surveyors comment about legal action at sale time, as that would mean that a dispute would be raised which will in itself prevent the sale. The neighbour would not want to do this.
Further he could not make such a claim afterwards, so again a bizarre comment to make

I'd tear a strip of him for this comment alone and alarming you

It sounds to me like this surveyor/firm are more into covering their own arses than advising you, their client, properly
 
Thanks woody you have been an immense help, the surveyor is due to call me tomorrow so I will speak to him about the points you mentioned to find out what he was thinking.
 
Just an update.


I've been trying to get hold of the surveyor all week, I've rang him until it goes to voice mail, numerous times, then tried ringing him and it goes straight to voicemail and left him text messages but still no response.

The report was sent out to both my neighbour and myself and the report is just complete rubbish. He said in the report the beams are resting either on the walls or on turbo blocks/breezeblocks when we used padstones and I provided pictures to the firm weeks ago showing this. He didn't even ask my builder if he used padstones or not when he was on my property.

He then said the wall does not have adequate foundation ( wall in the picture previously) after speaking to the builder even though he did not ask the builder about the foundations and was asking him if the "wall is supported" my builder took that to mean has he strengthened the wall in some way and replied no. The builder underpinned the foundations building control were also present at the time the foundations went in and they have even agreed to give me confirmation of this in writing.

He also states gallow brackets haven't been allowed for over 5 years however I spoke to building control and they said that is not correct you can use them under the right conditions. The worst thing is I didn't use gallow brackets.

I've pointed this out to the surveyor and asked him to rectify the report and no response, I've sent in a document highlighting all the inaccuracies and still no response.

Instead I have a report that is plain wrong with a recommendation to put the chimney breasts back in and take the steel beams out due to lack of supports because of inadequate foundations or have a retrospective party wall award even though I don't think that is legally possible I've only read about two cases of this ever happening. The work is still on going so I am honestly in Limbo I don't have a clue what to do now. I've forwarded the report on to my solicitor who has informed me let the surveyors know I have sought legal advice due to inaccuracies in the report, however this still leaves me in limbo with my neighbour.
 
Not sure you can have a 'retrospective party wall award', but 'W' would know best.
As long as Building Control is happy with the work, I can't really see what your problem is - if any.
Forget your surveyor and this PWA nonesense. Assuming you've paid him, just write that off imo.
If your neighbour is complaining about his cracks, then it's up to HIM to prove that your builder caused the damage. That could be very exoensive - and risky - for him; people threaten all sorts of things .

Frankly, you are complicating what is really a simple issue. Ignore the surveyor now, just carry on and complete your work, and leave the ball firmly in the neighbour's court. And I'm sure it will stay there.
 
Why did the surveyor send the report to your neighbour?

Hi rjm i was trying to keep it amicable so I said I will get a independent survey done and agreed for the report to be sent to my neighbour - I know bloody stupid as it just ended up one sided and wrong.
 
You need to step back a bit and take a breath. First of all, forget the party wall act. It cannot be used retrospectively. The fact you failed to invoke the act is neither here nor there. So just forget it.

You now have partially completed works to your property and a disgruntled neighbour. Nothing new about that. First thing you should do is concentrate on getting your works completed. I take it most of the heavy work is out of the way and you are now putting back together. Frankly none of this is your neighbours business so if it were me I would not go into any detail with him. Just get on and get it finished.

You are responsible for making good any damage caused to your neighbours property. As Woody says, that is so whether you used the PWA or not. But it is for your neighbour to show that the damage was caused by your works. It's quite simple; write to him and ask him to let you have in writing what damage was caused by your works. Confirm that, providing you are given the opportunity to inspect the damage with an advisor and that the damage is due to your works, you are prepared to make good any damage caused so that he is in no worse position than before the damage occured.

All the stuff about gallows brackets and your structural details are a load of nonsense. You have followed professional structural design and the works have been passed by building control. That's all he needs to know. He'll be gone soon so keep your haed down and stick to the plan. Don't get embroiled in arguments that aren't relevant.
 
Hi Jeds thanks for the reply and everyone else. The only thing that is basically worrying me is now because the neighbour wants to sell asap I don't want to be responsible for him not to be able to so I could face any kind of legal back lash from him interms of loss of sale value etc.
 
Hi Jeds thanks for the reply and everyone else. The only thing that is basically worrying me is now because the neighbour wants to sell asap I don't want to be responsible for him not to be able to so I could face any kind of legal back lash from him interms of loss of sale value etc.

Why keep going round in circles!!
He's not going to sell his house for £200 and then sue you for the rest!!
As jeds and co. have said;

1. forget the PWA
2. forget that stupid and unprofessional surveyor
3. get your work completed and get the certificate from buiding control
4. ignore your neighbour.
 
Hi Jeds thanks for the reply and everyone else. The only thing that is basically worrying me is now because the neighbour wants to sell asap I don't want to be responsible for him not to be able to so I could face any kind of legal back lash from him interms of loss of sale value etc.

Why keep going round in circles!!
He's not going to sell his house for £200 and then sue you for the rest!!
As jeds and co. have said;

1. forget the PWA
2. forget that stupid and unprofessional surveyor
3. get your work completed and get the certificate from buiding control
4. ignore your neighbour.


Just an update got the work completed and got the completion certificate finally!

Also got the structural engineer back in who designed the supports to check if the builder did the work according to his amended drawings and every thing is good in that department.

Just got to deal with the neighbours constantly coming round complaining now that I need to get the report changed etc and how it is stopping them selling the house - they haven't put it up for sale yet and are still decorating. I told them I have the completion certificate which confirms work has been done according to building regulations which I would not have otherwise been able to obtain.



Thanks again for the advice !
 

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