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Neighbours smashed through loft, no party wall agreement

184 replies

ophelia67 · 27/01/2023 11:34

Our neighbours have just built a loft extension. The builders have smashed through into our loft, the steel from their side is exposed on our side. They came round to "fix" it but have left a lot of damage our side.

The neighbours didn't consult us first or ask us to sign a party wall agreement. Are there going to be ramifications for them/us if either of us need to sell being that there isn't an agreement?

OP posts:
Everyonehasavoice · 29/01/2023 17:46

vidapur · 29/01/2023 17:43

Thanks for replying. Our council is crap, won't accept any responsibility or revisit their decision.
I have spoken to the Head of Planning Enforcement and the BCIs I contacted at the time (there does not seem to be anyone in charge, and it shows!)
They never did it with planning either but were given it retrospectively. Again, Inspectorate say that they know nothing about additional part going over the boundary.
I have it in writing from both BC and Planning Inspectorate.
If it officially doesn't exist, why would I get into trouble for removing it?

You re not Bromley Council are you🤪.

I really wouldn’t remove anything as it may cause structural damage to neighbours prop.

if it’s over your boundary you need a boundary surveyor to confirm and / or a solicitor to ask them to remove it

That all costs though so try everything to get your neighbour to rectify before you follow the legal route.

Everyonehasavoice · 29/01/2023 17:59

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

Bloody exhausting 🤣🤣🤣🤣🤣

Everyonehasavoice · 29/01/2023 17:59

Everyonehasavoice · 29/01/2023 17:59

Bloody exhausting 🤣🤣🤣🤣🤣

It’s my pro bono weekend 🤣🤣🤣🤣

vidapur · 29/01/2023 19:36

Everyonehasavoice · 29/01/2023 17:46

You re not Bromley Council are you🤪.

I really wouldn’t remove anything as it may cause structural damage to neighbours prop.

if it’s over your boundary you need a boundary surveyor to confirm and / or a solicitor to ask them to remove it

That all costs though so try everything to get your neighbour to rectify before you follow the legal route.

Thanks again. No, I'm not in Bromley but not far!
I have already got surveyors/lawyers involved but it has not achieved anything beyond written orders. That's why I was exploring whether I could hold the council liable.
I'm starting to wonder whether these matters ever get resolved or if loads of people lose money and walk away poorer with huge losses in the value of their property. 😟

Molkomad · 29/01/2023 19:59

We've just had a loft conversion and had to get our neighbour to sign a party wall agreement but to be honest it's not really worth the paper it's written on. If you didn't want them to go ahead with the work and refused to sign it all they have to do is get a surveyor out (which you can appoint at their cost) to check the dividing wall is sound. If you didn't want them to go ahead with the work there's not actually anything you can do about it. Planning permission is not required but obviously the damage they've caused is frustrating and will need rectifying by their builders at their cost. I don't think the council will be particularly interested to be honest. Hope you get it sorted though!

Everyonehasavoice · 29/01/2023 20:10

vidapur · 29/01/2023 19:36

Thanks again. No, I'm not in Bromley but not far!
I have already got surveyors/lawyers involved but it has not achieved anything beyond written orders. That's why I was exploring whether I could hold the council liable.
I'm starting to wonder whether these matters ever get resolved or if loads of people lose money and walk away poorer with huge losses in the value of their property. 😟

Technically the council should investigate and if found wanting issue an enforcement notice to build as approved planning docs
but it’s costly to them esp if the neighbour does nothing
council as a last resort can take them to court etc….again very costly.

You are correct, it often results in you spending masses of money for little resolve esp if you have a council that don’t follow through.

If council are doing nothing then perhaps a written complaint from you might work and if that doesn’t help one from your solicitor…..again more cost to you.

Have you read about the guy who built a house behind haybales, took years!!!!! To get that taken down.

vidapur · 30/01/2023 10:29

@Everyonehasavoice Yes, I read about that guy but as I see it, he wasn't actively harming any of the other neighbours.
I will never understand people like my neighbour who know that they are harming people who do not have any bad history with them. It may not be the case with the OP's neighbours but definitely is with mine.

MaxFortune · 30/01/2023 12:08

If plans were submitted and approved: The scope of the work is as stated on plans. It is possible that the Building Inspector would treat the additional work as a building notice (which is without plans) and the whole of the works are inspected and form part of the completion certificate.
From what you are suggesting, ie. collusion, then you will have to explain the situation to the Chief Executive of the Local Authority.
In my experience, as architect and experienced party wall surveyor, both parties take an unreasonable attitude to the situation, whatever it is and this is human nature. You want to know if your property has been devalued, you want the beam end cut off and the mess cleaned up.
1/ Speak to a qualified surveyor and act on his advice.
2/ Employ a solicitor to act for you.
3/ come to an amicable agreement with the neighbour and move on.
I would suggest you start with 3/ and don't get snippy if you want a result. Pretend you are acting for someone you have no emotional attachment for and you may fare better.

Whatislove82 · 06/02/2023 13:32

Any progress OP?

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