Party Wall Damage and liability

Joined
1 Dec 2012
Messages
88
Reaction score
1
Location
Kent
Country
United Kingdom
Hi Oracles

Apologies for the backstory, i hope it adds value.

In Feb '22, a 2 up/down Georgian/Victorian property next door to me was bought by someone who then promptly started work on extensive renovations.

These works included removing wood and old plaster from the walls to go back to brick, expose joists, remove some floor boards upstairs, remove chimneys, replace a wall in a rear extension, excavations - it has been brutal for both myself and neighbours in this small street.

Builders arriving from 6:15am until 14:00/15:00 per day. Work eventually completed Jan '23.

Its been a nightmare and learning curve as i now know about Party Walls but, it was all too late to be effective. i was never provided a PWA at any point, the council advised i should have had one but did nothing.

I was originally advised that the work would be up to 3 weeks and 2 old ladies would like there but, having seen the result, its very unlikely given its now hard tiled flooring downstairs and inappropriate facilities for stiff, fragile older bodies prone to falls and bangs.

The result of the work is that as the two properties share the upper floor joists and they removed all the old plaster to expose the beams and walls, they never filled those joist holes again and simply boarded around them. This now means that sounds easily transmit between the properties, whether its people talking loudly, baby screaming, dog barking, etc.

All that is preventing transmission is 12.5mm plasterboard on their side.

Frustratingly, during Covid i had put up an independant wall with 2 plaster boards, insulation and a 5mm Techsound layer. This meant that in the early phases of the work, when i was allowed in next door, my music could be very loud and they would not hear it. By the end of the work it now can be heard despite my efforts to not be a nuisance and to be considerate of others.

The rear extension is only a timber frame, erected over the party wall upstairs to the outside edge (ie, my side) and plasterboarded. my featherboards are cladding the rear from one wall to the partywall and should be 2 bricks deep yet their internal wall is built over this edge. This means there is only a piece of baton and plasterboard between us at the rear of my property upstairs so we can hear each other talking quite easily.

The house did appear on Air BnB before Christmas, it has had one set of guests (with the baby), an old couple (i presume to be the owner) with a yappy dog stayed some days over Christmas.

Thoughout last year, i asked to speak with the owner and was always told 'she' was coming down later but, never knocked. In Aug '22 i posted a 16 page report of the problems, indicating where the now weak spots were and requested a meeting to discuss. No response. 14 days later i wrote again, expressing disappointment at her failure to share the concern and remediate whilst practical.

The house is now up for sale, it seems an unrealistic price to us in the street, she is demanding an additional £115k for something believed to have been over priced originally.

What can i do? I expected 'them' to live in this property and to feel compelled to remediate once experiencing the problems themselves yet now it seems they want to move the problem on to someone else who wont 'own' the Responsibility.

How can i ensure *someone* is responsible for remediating these problems and that she/they 'dont get away with it'?

Thank you for reading.


Natalie
 
Sponsored Links
Sure an expert will be along shortly but my limited understanding of the pwa is to protect them, and you are in a better position now if you need to claim damage if they didn't issue you one.

If you start legal action for this, dont they then have to declare this on the TA6 there's an ongoing dispute about party wall issues?

Would you buy a place with an outstanding dispute and legal proceedings? Does your house insurance provide legal cover to help get an initial dispute raised?

I don't think the sound proofing asepct will get you far. However, if they've built over the boundary then yes. Are the chimneys they removed shared stacks on the party wall? If so then yes.

However I could be totally wrong, and if so, someone will take delight correcting me.
 
Last edited:
PWA only applies before works start - once started and completed there are no provisions in the act for issues.

So, you need to consider the issues from a different angle. The sound transmission problem is very difficult to address, because there are no regulations involved, which gives you very little to go on. Where you certainly have some ammunition is the trespass of the overhanging wall. Assuming that the wall is a shared wall - and you must check and be 100% certain of that? - my advice is to write to them and state categorically that their wall is trespassing on your property and must be removed immediately. That's just the start of the process, you may need to follow up if you get no positive response. At the very least it does as jacko said - it registers a boundary issue that must be declared if they want to sell.
 
Can I just get something clearly pictured in my head?
You say, "The rear extension is only a timber frame, erected over the party wall upstairs to the outside edge (ie, my side) and plasterboarded."

So, the outside face on your side is flush with your side of the rear dividing wall? If it is, then it is against the rules. My ex-FIL built a type of 'lean-to' in his back yard, many moons ago. His neighbour said he could extend the height by building the wooden side wall on top of the back yard wall. Just after he had built the lean-to his neighbour moved out and someone else moved in. They object to the council about the way it had been built. FIL had to take it all down because he had gone past the boundary line. At the time, (1970's), the council said the boundary line was traditionally taken as the inner face of a wall/fence on your side of the property. No one 'owned' the width of the dividing structure, be it a single skin wall, wooden fence, of trees.
 
Sponsored Links
Hi all

I mentioned the PWA as it demonstrates how they disregarded us neighbours, if i were in a similar position now i would know what to do but, thats been part of the learning curve. My concern now is that the building changes ownership and any new purchaser will be unawares until too late and 'she' sales off into the sunset.

I have attached some diagrams which may assist but, its advice for next steps i am after. If i formally start legal action (that i cannot afford) then it could be expensive very quick, a friends daughter in London is at 50k fees thusfar on her issue. It also would immediately take value off of my property too wouldnt it as it would also show as a dispute my side?

Would she have to declare this conflict in any legal process of the sale? If she said she was not aware of any problems then presumably the purchaser would have legal rights against her?

A surveyor told me in August that i have to wait now and report the noise problems as and when they come up which, i have maintained a noise log but, as the property isnt occupied, it could be sold before i could use that.

I feel helpless and dont know anyone who has been in a similar situation before to glean any experience from.

Thank you
 

Attachments

  • internal of next door.JPG
    internal of next door.JPG
    71 KB · Views: 87
  • simple diagram.JPG
    simple diagram.JPG
    64.2 KB · Views: 87
  • boundary.JPG
    boundary.JPG
    45.1 KB · Views: 87
  • Rear elevation.JPG
    Rear elevation.JPG
    22 KB · Views: 94
I wouldn't advise going legal, for the very reason you state, costs can get out of hand. I think the best you can do is register your complaints with local authority building control, and also the neighbour - making it clear that the overhanging wall is trespass and you are not going away. I say don't go legal but it might be worth paying a brief to send one letter - to give it an official edge. At least it will cause some waves and put the dispute on record. As jacko said above, disputes must be declared and it can be very serious for the vendor if they are not. Putting it in writing and making it official means the neighbour can't just ignore it. Well, they can, but maybe at their cost.
 
They have clearly broken the boundary rule and as there is no form of insulation, (sound or thermal), in the dividing wall then they've probably broken some other rule. It would appear by your diagrams that they haven't had any form of building control/planning permission, or if they have, they have clearly broken the rules.
I do consider what @jeds has suggested and see a solicitor, possibly on a half-hour free consultation, just to get some form of official declaration. You never know, if they see problems developing, they may just sell up quick and move out. If they do, they will still have to face the problem. It won't simply go away, and they will either have to have it corrected before selling or reduce the price for the new owners to have it rectified.
 
Your leverage is that they wish to sell. I would lodge a boundary dispute formally. Even if you don't intend to pursue through the courts, the leverage it gives you against their sale might be enough for them to carry out remedial works. As others have said, they will struggle to find a buyer if the fact there is ongoing litigation is known. You could also inform the estate agents of the dispute.
 
As above, a "dispute" would likely cause them huge issues if selling - devaluing and making the property potentially unmortgageable. Unless they are completely stupid they would bend over backwards to resolve this.

They probably don't know this; you should write to them, and possibly copy to their selling agent spelling out the facts/consequences and giving them a deadline to respond and address, failing which, write back again formally notifying them that you are in dispute - and take it from there.

Some people don't know what's good for them.
 
It also would immediately take value off of my property too wouldnt it as it would also show as a dispute my side?
Just a thought, but if you were to sell your house, I wonder if the surveyor would see the boundary issue and raise it?
 
Whatever you do, do it in writing. Check land registry for the owners address (may not be where you expect it to be), post your initial letter before action with a specified timeline (14 days) using proof of postage at the minimum, proof of delivery if it still exists. If no response then solicitors letter (won't cost a fortune).
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Back
Top