Party wall damage/substinence from newbuild block of flats

[eshroom]

About 12 years ago a block of flats was built right up to the boundary line.

My building (100 years old) was also built up to the boundary line and so an external wall of the block of flats was built flush on my external wall.

Freeholder/developer of the block of flats sold freehold and disappeared long ago.

Now my building has experienced substinence, cracking in the walls and damage particularly at the junction where the two buildings meet.

Who is responsible to assess and repair the damage?

I have already had a surveyor in who gave me a report attributing the damage to the newbuild.

I only bought the freehold of my building along with one of the two flats that make up the building last year. I haven't spoken to my insurer, but suspect they won't get involved as the damage was there prior to the commencement of my policy.

 

[securespark]

I'm not sure how these things work. The builders were responsible for how the building was constructed, however LABC or equivalent should have checked the work was compliant.

What does your surveyor suggest is your next plan of action?

 

[eshroom]

Good idea. I spoke to the surveyors who suggested it was a party wall issue and I should try and find the party wall agreement, but builders tend to only guarantee the work for 5-10 years in a party wall agreement. This would leave it up to me to repair at my cost.

Having spoken with my previous freeholder I don't think there was ever a party wall agreement drawn up.

 

[^woody^]

Its not a party wall issue

I'm intrigued how, just by being next to you, a building can cause subsidence? Subsidence is normally caused by trees or leaking drains and not by buildings - and certainly not after 12 years.

Anyway, I am sure that if they appointed a surveyor, his report may say that its not their fault. You need to be careful with who you ask to report and what you ask them to report on.

So, what does the report say as to the cause, what sort of report was it, and what are the qualifications of the surveyor?

 

[eshroom]

They dug down lower than the bottom of my foundations right up to the boundary and then built a 5 story apartment block adjoining my building. The survey suggests the weight, scale of works and proximity of the building caused the damage and this makes sense since the cracks in my walls exactly mirror the junction of the new building's wall to my old building (my wall is longer than theirs and where the end of their wall reaches there is big vertical crack on my wall).

My surveyors are a local established company. It was a building survey at the time of purchase (a full structural survey not just one of those cheap homebuyer ones).

 

[^woody^]

A building survey is not structural survey. And almost all the basic building surveyors who do home surveys are not experienced in building pathology.

Nothing in those comments suggests that the building could be responsible for subsidence of your property. It does not even suggest how the cracking is even subsidence cracking instead of being related to other movement.

Has thermal movement been a discussed and discounted? Spread, heave?

How can the weight of that building cause yours to subside. Why isn't their building subsiding if its so heavy?

Get those surveyors to join up here and we can have a laugh with them.

 

[FiremanT]

Liability Insurance is based on the time when the work was done. So if you know who the builder was, you may be able to track the insurer and lodge a claim. What folk don't know is that a claim often has to come from the alleged "victim" - not the insured.
Years ago, we found a problem with a wall as we moved in. We were too worried to claim of the insurance for the same reason - we were obviously not insured when the problem began. We had the garage rebuilt eventually by our insurance co,. when we were t the point of worrying that a falling wall may squash the kids on the way to school. Anyway,during all this, we discovered that we COULD have claimed straight away, as insurance companies have reciprocal arrangements, or something.

Now my building has experienced substinence, cracking in the walls and damage particularly at the junction where the two buildings meet.

Assuming you mean subsidence, and not a buildings sudden tendency to enjoy a 3 course lunch, if you have to do something, then ask the insurers. They will accept claim or not. But beware: obtaining competitive insurance for either building s or (weirdly) contents, will be a nightmare once it is on the insurance record.Your excess is likely to be at least £1000, so it may be better to arrange a quote or assessment privately.

 

[^woody^]

Liability insurance is based on someone being liable in the first place.