Ok so the next attached to me semi is having extensive building work done. Lots of banging but no probs so far apart from knocking a few bricks off a tiny wall in the garden which they said they'd fix. So today I'm at work and dh has our two yr old here. Lots of very loud banging then he noticed a piece of plaster has been knocked off our downstairs loo about three inches long but lots and lots if brick dust everywhere and a small hole left that you can see through to outside to unfinished extension. Dh goes round at 2 on his way to work and tells them. They apologise and patronise him saying don't worry we will sort it. I get in at five and babysitter says nobody has been and they've gone home leaving a stuffed piece of material in the hole. I am beyond furious. They haven't even had the decency to come and see the damage. I've been to see the owner who is very nice and said he'd speak to them tomorrow and is mortified. My worry us that if this is happening what about the rest if the house. It's all I've got and I worked so hard to buy my ex out. I'm worried they don't know what they are doing and don't seem very bothered how it affects me. I don't think the work should continue until its been checked to be safe for my house. My dd uses her potty in the loo and would have been showered with brick dust and is also asthmatic. Who can I phone? Can I get hold of the building regs people? Will they come out? I'm so worried what shall I do. I wouldn't be so worried if they seemed more inclined to rectify it but their lack if concern makes me think they are dubious.
wowsers ledkr . Get your DH to go over in his work gear and be very cross/strict about it - surely that would have an effect? <hopeful>. How awful.
In my old house the party wall was really thin and a few years before I moved in (it's owned by family) my Great Grandad was doing some work and accidentally knocked through to the pub next door - there was a hole in the wall to get drinks in whenever required . It was covered in and plastered over. I know that's no use to you at all but hoped it might make you a little in your miserable situ and maybe wish you lived next to a pub
The fact that there's 'no provision' in the Act just means there's no particular/separate criminal offence being committed; what the builders have done is almost certainly criminal damage, however - so an offence, but under a different act. You will certainly be able to get an injunction to stop the work until there is a party wall agreement in place, but you'll need to take legal action. (Maybe you already have by now...) You will be able to damages too, but you'll have to take civil action to get them. This isn't a failing of the Party Wall Act: the same applies in all cases of criminal damage. For example, someone threw a brick through my window and was caught, charged and cautioned... But I couldn't get him to pay for the damage without taking civil action against him.