party wall mess

[DavidA1982]

Hi all

My neighbours are building a side extension up to the boundary between our houses. The distance from my wall to their new wall is under 1m. My foundations are, at most, 450mm deep. Clay soil.

We did not object to planning permission, but we did request that special care was taken in the design and construction of the foundations so as not to damage ours.

Time ticked by. About a month ago, I find out that they are due to start work in a week's time. I speak to them about the foundations. Long story short, I end up speaking to building control who tell me that they will insist on sequential hit&miss, in 1m blocks. I am happy.

A day or so before they are due to start, the neighbour gives me a party wall notice specifying special staggered foundations. I annotate it to say "i.e. sequential hit and miss construction, in 1m-wide sections." I sign it, but forget to specify whether I object or not.

Work begins. What actually happens is that the builder does sort-of sequential hit and miss, but instead does it in much bigger sections (maybe 3m at a time). Says that this is what building control had specified. I don't know how deep the foundations are, but my guess is 1.4m as that is how far we had to go down when we extended off the back last year.

I am concerned. I am concerned that the work has not been carried out in accordance with what I was told by building control and what I thought I had specified on the party wall notice. I am also concerned that I have no protection if it goes wrong.

What should I do? Can I change my mind as regards my party wall rights? I would like whatever comfort a surveyor can offer me at this stage. Is it too late as work has begun? Beyond talking to my neighbours (which I will obviously do), is there anything I can do? I do not want to disrupt the work here and I am aware that I have effectively changed my mind which is pretty unfair, but ultimately I cannot afford to be on the hook for defects to my house caused by their extension's proximity to mine.

Any advice welcome!

 

[rssteve]

I'd rather let them pour the concrete ASAP instead of making them keep it open for weeks.

 

[DavidA1982]

I'd rather let them pour the concrete ASAP instead of making them keep it open for weeks.

Thanks. Most of it is poured already, the last two sections go in tomorrow. However, I am also concerned with the lasting effects that the foundations will have on my own.

I think my questions are:

1) Do I still have the right to invoke the party wall act? E.g. because I was not given the correct notice; because I did not actually say that I consented when I completed the form; or because the work had not been carried out in accordance with what I had said I had understood "staggered foundations" to mean?

2) If I do not, can I nevertheless ask for a surveyor to be appointed? What I am ultimately after is legal protection that someone else is on the hook if I suffer damage.

I am acutely aware that I could have gone about this better. I did raise my concerns about the proposals 9 months ago but in an attempt to be a good neighbour I have been trying to help them avoid the costs of a party wall dispute by speaking to the council etc about an appropriate method for digging the foundations. I guess that now I have seen that the work has not been carried out as I had expected, my confidence is shaken and I am regretting not insisting on a surveyor months ago (even though they had not served notice etc at that point)

 

[rssteve]

From what I read on here once the work is complete the party wall act is no use. You can claim damage In the future if you need too.

 

[wessex101]

If they served a Party Wall Notice and you assented to the work you are still protected by the Party Wall Act. Although without a party wall award in place it makes the process much more complicated and potentially costly.

Hopefully the new foundation has not caused any undermining but if you do discover any damage to your property you can seek recompense from the neighbour. It is unfortunate that the neighbour has reneged on the agreement to construct hit and miss foundation bays as if you had dissented and appointed a surveyor they could have taken action at the time. Now you are reliant on the goodwill of the neighbour or failing that taking action through the civil courts. Fingers crossed that you do not need to.

 

[^woody^]

As an adjoining owner, you can't insist on any method of construction over another, but you have a right to expect whaterver is used is suitable and wont damange your property.

There are many ways to lay a fountation, and the council's building control officers are checkers not designers so can't insist on anything other than something that is suitable.

 

[motorbiking]

Agreeing to the work via a party wall notice doesn't change your right to claim damages if you can prove that the work caused damage to your property. Just take photos if you are worried.

 

[Nakajo]

Yes. Just photograph your wall.