I have a building development going on next door to me. The builder has caused a few problems resulting in us having to call out a surveyor to check on cracks - his conclusion was the cracks could be exasperated by the heavy moving of soil which is within 3m of my property and below my foundation level. After complaining he has admitted that we should have had a party wall agreement and now wants to install a wall/concrete piled support of my land before removing even more soil for parking. Can he do this without my permission ? any thoughts ?
Party Wall agreement
- Thread starter boxbush
- Start date
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He should have served you with a party wall agreement at least 2 months before work started. The party wall agreement is no use unless its already been served. You can get a court injunction to stop him if needs be but really you'll need to seek legal advice first. 
http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214
http://www.swarb.co.uk/phpbb/
http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214
http://www.swarb.co.uk/phpbb/
why would he want to stop the builder doing remedial work to safeguard the party wall?
get advice by all means but it sounds like the builder wants to remedy spmething which they have just discovered to be a problem....
get advice by all means but it sounds like the builder wants to remedy spmething which they have just discovered to be a problem....
The OP suggested (to me anyway) that the builder may go ahead with remedial works whether the OP likes it or not, I merely pointed out that this can be averted if the OP so wishes. Who's to say that the builders remedy will not compound the problem further? Personally I wouldn't take the word of a builder who hasn't bothered with an agreement in the first place. Without a party wall agreement signed by both parties, the OP has little proof that what the builder has done has caused this problem and if further damage occurs months or years down the line, making a claim against the builder will be easier with a Party Wall Agreement in place. The builder can simply employ his own surveyor to counter the opinion of the OP's surveyor. Party wall surveyors are (in theory) neutral and will get both parties to agree to works to a party wall and agree the condition of the party wall before any work begins.
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Excellent advice imho .
I would want to see his insurance cover too .
Act now !
Many thanks for all of you that have put your comments forward.
The builder stopped work when I pointed out that he had caused problems and that he had no party wall agreement. The reason he wants to do remedial work is that he wants to excavate deeper and closer to my house. I have told him that although the proposed retention work may be adequate it contains no control or monitoring of any damage to my property. ie if a crack appeared he could dispute it , if in 2 years time I have problems he could (and would) dispute it. I have told him that I do not want any further excavations.
The builder stopped work when I pointed out that he had caused problems and that he had no party wall agreement. The reason he wants to do remedial work is that he wants to excavate deeper and closer to my house. I have told him that although the proposed retention work may be adequate it contains no control or monitoring of any damage to my property. ie if a crack appeared he could dispute it , if in 2 years time I have problems he could (and would) dispute it. I have told him that I do not want any further excavations.
I take you point Freddie
There's a heap of Surveyors paying their way just on Party Wall disputes ... so that should tell you something. There should have been a Notice served - so you and the Builder are off on the wrong foot already. Note though, that the builder, even though he should be in the "frame", is not the person you want to aim at ... it's the other owner. That's who ordered the work and who the dispute is with. Steer clear of "helping the builder", accepting" make good" etc etc , just for an easy life.
Party Wall disputes can excalate ...that's why many develop into: 1) Your Surveyor, (2) His Surveyor (3) A final arbiter Surveyor ( agreed by the other two to be judge and jury, essentialy...well make strong recommendations)
The best way out is for a Surveyor to be appointed - where both of you agree, he will make the fair arbitration on the issue. This is very normal. It is also normal for the guy to set out who pays his fees, how they are apportioned etc etc. In many cases, the instigator of the work will be obliged to pick up 100% of the Surveyor's tab.
Get an agreed Surveyor in .. and he can span out the right approach.
Neighbours CAN do a lot more excavating, on their side, than you think - and a neighbour can do some serious structural activity...before you can stamp up and down and shut him down carrying on reasonable development. However, there are very fair rules and guidelines on how to behave... and the affect on your property, in the future, is the main concern. An agreed Surveyor has the power to demand safety cash to be held in trust, a plan of works, inspection of "how it is now" and can oversee the verbiage and scope of any "guarantees" given
Party Wall disputes can excalate ...that's why many develop into: 1) Your Surveyor, (2) His Surveyor (3) A final arbiter Surveyor ( agreed by the other two to be judge and jury, essentialy...well make strong recommendations)
The best way out is for a Surveyor to be appointed - where both of you agree, he will make the fair arbitration on the issue. This is very normal. It is also normal for the guy to set out who pays his fees, how they are apportioned etc etc. In many cases, the instigator of the work will be obliged to pick up 100% of the Surveyor's tab.
Get an agreed Surveyor in .. and he can span out the right approach.
Neighbours CAN do a lot more excavating, on their side, than you think - and a neighbour can do some serious structural activity...before you can stamp up and down and shut him down carrying on reasonable development. However, there are very fair rules and guidelines on how to behave... and the affect on your property, in the future, is the main concern. An agreed Surveyor has the power to demand safety cash to be held in trust, a plan of works, inspection of "how it is now" and can oversee the verbiage and scope of any "guarantees" given
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