We live in a late Victorian terrace house on the side of a hill. Over the years the outside buildings have been converted into a galley kitchen (all as from house down back garden) down the left hand side with covered utility in centre and right with outside toilet in right hand corner adjoining the house. Our galley kitchen wall is our property and is on the uphill side and the drop is about 18 inches.
When out builder cut into our wall to embed a flitch beam he discovered he was actually knocking tiles off the neighbour's kitchen wall. It would appear the neighbour (3 owners previous and probably 7 year ago) had built his kitchen extension without having applied for planning permission and, we now know, failed to comply with any compliance issues. Substantially he had built the wall up using battens, plasterboard and then tiles. On the outside he had tucked lead flashing under the tiles top and bottom leaving his tiles floating and unsecured.
Our builder told us about it and called building control who came to inspect it. The inspector declared it as unsafe and told us they knew nothing about this build. Our neighbour was asked to join us and the failings shown her and the inspector told her this was a breach which he would seek her to remedy immediately. We discussed s.36 and injunctions and he would need advice from the LA legal department about enforcement. Our new neighbour said she would get it fixed immediately and asked our builder if he would do the work as he had the scaffolding tower up and could do the work immediately, without access issues. Our builder indicated the cost of the work and she agreed this outline figure subject to further discovery during the work. Further problems were discovered with insulation and locking the end down. However, the work has been done and building control have expressed satisfaction with the work. Our project is now complete and looking wonderful. We have paid our builder for all works and now seek to recover from the neighbour.
When she purchased the house she took benefit of an indemnity insurance policy for just this lack of compliance. She wrote to her insurer in really the wrong tone and they have repudiated the claim saying no s.36 notice or injunction had been served. We argue that she consented to the work to avoid enforcement and therefore is covered. and the LA agree, commenting that our costs are very reasonable.
Of course we want to be good neighbours but we are out £3.5k and seek repayment. Anyone got advice on how we go about this without massive legal costs? please.
When out builder cut into our wall to embed a flitch beam he discovered he was actually knocking tiles off the neighbour's kitchen wall. It would appear the neighbour (3 owners previous and probably 7 year ago) had built his kitchen extension without having applied for planning permission and, we now know, failed to comply with any compliance issues. Substantially he had built the wall up using battens, plasterboard and then tiles. On the outside he had tucked lead flashing under the tiles top and bottom leaving his tiles floating and unsecured.
Our builder told us about it and called building control who came to inspect it. The inspector declared it as unsafe and told us they knew nothing about this build. Our neighbour was asked to join us and the failings shown her and the inspector told her this was a breach which he would seek her to remedy immediately. We discussed s.36 and injunctions and he would need advice from the LA legal department about enforcement. Our new neighbour said she would get it fixed immediately and asked our builder if he would do the work as he had the scaffolding tower up and could do the work immediately, without access issues. Our builder indicated the cost of the work and she agreed this outline figure subject to further discovery during the work. Further problems were discovered with insulation and locking the end down. However, the work has been done and building control have expressed satisfaction with the work. Our project is now complete and looking wonderful. We have paid our builder for all works and now seek to recover from the neighbour.
When she purchased the house she took benefit of an indemnity insurance policy for just this lack of compliance. She wrote to her insurer in really the wrong tone and they have repudiated the claim saying no s.36 notice or injunction had been served. We argue that she consented to the work to avoid enforcement and therefore is covered. and the LA agree, commenting that our costs are very reasonable.
Of course we want to be good neighbours but we are out £3.5k and seek repayment. Anyone got advice on how we go about this without massive legal costs? please.
