Party Wall - Neighbours' Extension 4" Over The Centre L

[Zuperfella]

Hi,

I viewed the on-line plans for my neighbours' loft conversion submitted to Kent Council and they were AOK, with my only concern being that the works abutted, and did not cross, the 'virtual' line mid-way along the party wall.

I received and signed a 'Party Wall Notice'. I researched it online and re-checked the plans. All seemed in order under Section 2 of the PWA 1996 and I genuinely wished them well for what would be a nice extension.

However, I've just arrived back from holiday and the frame of the Dormer extension already extends 3" over my side of the chimney stack and roof, (thus I guess this will be at least 4" when finished... maybe 8" if guttering is fitted). I politely called up to the builders but they promptly disappeared, (though in fairness they may not have heard me!). As building astride the boundary without permission breaches Section 1 of the PWA 1996 I could get an Court Injunction to stop work. Ultimately this is going to be expensive for all parties and the only winners will be the Surveyors and the Legal chaps!

I've just knocked next door but no one seems to be in, (I fear they may have moved out or gone on holiday whilst the works are progressing).

I'd like this to be resolved amicably with the builders putting their hands up to a poor job and rectifying the problem. Has anyone a view on how best to tackle this?

Thanks,

Warren

 

[^woody^]

You need to confirm exactly what you agreed to in the PW notice

Then if you are still sure that the work is contrary to the agreed work, you need to speak with the builders and tell them to stop, and to contact their client (your neighbour), else they may be held personally responsible for trespass and damage to you property.

They will also be in breach of any Planning Approval for building across the boundary without notice and consent