Has anyone had any experience of party wall award appeals?

[KimKardashiansArse]

Neighbours are appealing our party wall award. I am about it. It seems to involve us (not surveyors) going to the County Court and defending their claims.

Has anyone been on either side of an appeal? I can't find much information online though did read something that said to think very carefully before appealing because it will be very expensive. I've already laid out ££££s on the award

[Boredboredboredboredbored]

Gosh no idea but what a nightmare! Have you any idea why they are appealing the award?

[KimKardashiansArse]

The surveyors both say the grounds of appeal are a load of crap!

Apparently this is all because they want us to pay to fix a crack in the party wall that was caused by them knocking out a structural wall (badly).

Apparently when the surveyor went round they said "can we get them (us) to pay to repoint our chimney?"

They must be incredibly stupid to be taking us to court over it though. The surveyors say they haven't a hope of winning and will have to pay our legal costs and the surveyors.

Unfortunately I know enough about legal action to know that nothing is certain. How am I supposed to sleep at night when the legal costs on both sides are racking up.

It's a tiny single storey extension. We're not excavating a three storey basement FFS.

Sorry for the rant.

[hiddenmnetter]

If the damage was caused by them, the whole point of a party wall survey is to identify the condition of the wall prior to works and then observe the condition post works. Whoever had the works done is then liable for any damage to the party wall.

if they've caused a crack in the wall by their works, then surely they are liable for any and all damages? Or have I misunderstood what you're saying?

Also, why on earth did you pay for the party wall award if they were doing works? If you weren't happy with their works it should have been them who paid for the Party Wall Surveyor to come and inspect both sides of the wall and put in an award.

Can you clarify why you paid for the award? Did you have works going on concurrently? Or did you have works planned which you got the surveyor for and then they took the opportunity to undertake party wall works and figured any problems they can just blame you?

Or when you say 'caused by them pulling down a supporting wall (badly)' are you referring to your builders? In which case your builders are liable for the damage, not you...for which they should have the appropriate insurance.

[KimKardashiansArse]

Sorry hidden, you've got it all mixed up. No doubt it's my fury over the whole thing that has rendered me incapable of clearly explaining it.

The award relates to our building work (not yet started). We each had a surveyor, all paid for by us to date.

The crack in the wall that they want us to fix was caused by building work they did a number of years ago. I totally agree that they're responsible for the costs of repair (though given the passage of time I'm not sure we could sue them).

[hiddenmnetter]

Was the crack in the wall identified by your party wall surveyor before your works began (or if they haven't even begun yet, you're fine). The party wall act insists on this for this very reason...

[KimKardashiansArse]

Yes, no works started yet.

Neighbour doesn't suggest we've caused it, just wants us to fix it.

[WhatwouldOliviaPopedo]

Who the heck is advising them that they can get you to repair a crack in the wall when you haven't even started building work??? They're living in cloud cuckoo land!

[KimKardashiansArse]

I know! I could actually understand this sort of rubbish from them (they're idiots) if they hadn't had legal advice but they've had a solicitor on board throughout the whole PW process. If their appeal is as rubbish as the surveyors say they'll be suing their solicitor for professional negligence once they lose and have to pay everyone's legal fees.

[hiddenmnetter]

Yeah they're nuts.

[Hi2020]

Hi just wondering where you ended with this cost wise/outcome? In similar position

[intheningnangnong]

Have you contacted your house insurance - assume you have legal cover in your policy?

They have no chance the legislation is permissive and not about objecting. My NDN was VERY difficult and we were told appeals are very very rare. They have nothing to work with!

[intheningnangnong]

[intheningnangnong]