Party Wall Issue with Neighbours

[Jennieh37]

Hello, we started the party wall process in February and although initially our neighbours had no issue with our single story extension, when it came to day 14, they disputed and we are now going through the award process.

However (aside from the fact our surveyor is incompetent and dragging his heels or on holiday) the process is taking longer because when they moved in a few years before we did, they changed their garage to a beauty therapy room with a shower and rearranged their kitchen and re-routed both sets of fans so they are on the party wall blowing onto our house. So technically as they didn't get permission for change of use and they are blowing into our airspace they will need to move these.

And even worse, they have an illegal front extension (porch) on the front of their house which comes out too far and is a metre too high! And..... they have NO FOOTINGS. They built straight onto clay. They have no planning permission or building regs, so we have the whole hassle of our foundations and potentially damaging their porch when digging ours. Then our surveyor suggested WE, yes WE underpin part of their front extension - what a joker - anyone with common sense would know you cant just underpin part of a building - plus this beauty room goes into the front of the porch which isn't allowed.

So because of them cutting corners and doing things illegally, they are racking up our costs as a barrister was involved for the fans and now a checking engineer for the footings.

So my question is, should be pay for all these costs that have come about because of them. Now we have missed the boat and can't do the extension now because of them - I wish we could sue them for that! Its a nightmare! Any advice?

 

[securespark]

Yes. See a solicitor immediately.

 

[^woody^]

Your joint surveyor, or both surveyors should apportion the costs accordingly depending on whether the costs are incurred because of the PW process, or due to the neighbours actions/requests.

Fans over boundaries can be a Statutory Nuisance, and can ve removed on that basis. Whether they are in your case is open to interpretation. If they are, then thats not your cost.

For the other stuff, just because its unauthorised, does not make it immune from your responsibility for any damage. You Barister should have advised on this

The advice for the PW Act, is "dont use it unless you have to".

 

[gasbanni]

Forget solicitors try building control that won't cost anything.