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Building work next door and no Party Wall Agreement

15 replies

Odalisque · 13/03/2023 19:11

Hi everyone. Hopefully someone who reads this will have more experience than I do in these matters because currently I'm tearing my hair out. I'll try and be as concise as poss.

We are in a terraced house in Zone 3 London. Our adjoining neighbour on one side died, the family sold the house and it is being turned from a 3 bed to a 6 room HMO (House of Multiple Occupancy). This means in order to make the necessary room, there is a single storey extension to the rear and also a dormer loft conversion going in.

We were not advised that any work would start. There has been no communication from anyone. The first we knew about it was when skips turned up and work commenced. Despite trying to talk to the builders themselves, the language barrier and their complete uninterest in talking to us means that's largely pointless. My DH caught the foreman at one point and asked him what was going on, but although he seems personable, he is A) Not there all the time and B) Can't advise us as to what steps to take.

The owner is uncontactable. There is a shell company on Companies House that leads nowhere. Land Registry has not been updated. The Foreman will not give us the owner's contact details.

As I understand it, we should have been given notice that work would be commencing. I know that the rear extension can technically go in unchallenged as it's dimensions are within permitted development limits, although they had to dig foundations within 3 metres of our boundary (like within one metre). But the dormer extension I'm pretty sure can't go up without planning permission.

We've checked all available online databases which have been no help.

Anyway. We have no PWA with next door, and none has been forthcoming. Cracks are appearing in our walls (all documented, we started taking photos as soon as work started so we have evidence of the damage). Today we went into the loft to do our daily round of photos only to find that next door have knocked through (obviously by accident) and just casually rebuilt the part of the wall they damaged.
Chunks of masonry are falling into our back garden -big enough to have caused serious harm should they have hit someone. The whole set up is shonky in the extreme.

We are looking to sell and move. We are currently with an estate agent and the house is on the market. What we don't know is where we stand with regards to the lack of the PWA going forward. Our conveyancing solicitor has been a bit wishy washy about advising us one way or the other. We don't want to take the nuclear option and start a dispute -we just want to know that our house is safe and will be repaired to a good standard once all their work is done.

Is it worth speaking to a Party Wall surveyor, given that we have no-one to contact with regard to who is responsible? Should we wait until all the building work is done next door and then try and sell, rather than trying to do it with no PWA in place, as that will surely be flagged up by any half decent survey done on our property?

I'm just so furious and stressed that we have been given absolutely no right to reply or respond, the owner is uncontactable and seemingly unaware (or doesn't care) that his builders are knocking chunks off our house. The same is happening to the other adjoining neighbour.

Thank you if you've made it this far. Any advice would be very gratefully received.

OP posts:
Inca22 · 13/03/2023 19:57

Definitely speak to a party wall surveyor. DM me if you need as we had a great one and the other party must bear the costs. I'm in north london if that's helpful.

SnowdayYay · 13/03/2023 19:59

Call council their buildings regs team?

I've had to deal with many sections of council and this has been one of the best departments who acted swiftly.

SnowdayYay · 13/03/2023 19:59

They should get in ASAP to make sure all the correct stuff has been done

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DelilahBucket · 13/03/2023 20:01

A change of use to HMO requires planning permission, which you should have been notified of. If you haven't, contact the council planning department.
Do you have legal cover on your home insurance? If there is damage to your property I would also be contacting your buildings insurer as they may be able to deal with it on your behalf.

brogueish · 13/03/2023 20:01

I have no idea but this sounds incredibly stressful for you. I hope you can get things sorted out.

Xant · 13/03/2023 21:28

You don’t need a conveyancing solicitor you need a property litigation solicitor to get an injunction saying the builders must stop work.

Speak local council asap to see what they suggest.

Xant · 13/03/2023 21:29

And definitely contact your insurer, their lawyers might step in for you

Cherrysoup · 13/03/2023 22:03

Council is the way forward imo.

cocksstrideintheevening · 13/03/2023 22:15

Tu need a party wall surveyor, and it is at their cost. Look on RICS website for regulated surveyors.

Silverlog · 13/03/2023 22:28

This happened to a neighbour of mine. Cracks started appearing and growing. One call to the on-duty planning person in the council and the work was stopped immediately the same day pending investigation. Call the council urgently.

ittakes2 · 13/03/2023 22:30

I am confused as why you have not spoken to the council's planning office.

IncessantNameChanger · 13/03/2023 22:36

My mum had your exact situation as you. There was no planning permission notified to her and no party wall agreement. My mum insists she saw no planning but it's on the planning portal. I have no idea what the correct protocol is in these situations. I didn't feel I had the capacity to take it on for her at the time so interested in how you resolve this

planningnightmare · 13/03/2023 23:05

you'll find it difficult to sell with a HMO next door.

I'd contact both the planning office as well as a party wall surveyor, selling with a HMO next door will be hard enough but a lack of party wall paperwork is giving your future buyer a clear signal of a next door landlord who doesn't care and doesn't play by the rules.

WelshWondergirl · 13/03/2023 23:21

I don't know, but how incredibly stressful for you. My worst nightmare.
I think I'd phone Building Control at your council first thing in the morning to see if they can send someone urgently to advise.

There are a lot of issues going on here:

Conversion to an HMO - is this without planning permission?
Proceeding with works without party wall agreement
Proceeding with works potentially without any building control sign off?
Damage to your property
Dangerous site practices

Odalisque · 14/03/2023 01:10

Hello thanks so much for your replies.

Should add yes we spoke to the council first thing when work started who took about eight days to respond saying they would ' send someone to look at it'. They do explicitly say that Planning Control does not investigate Party Wall disputes, so we'll see what transpires. There is definitely nothing on their planning portal pertaining to the works.

We don't want to start an injunction as we would have to stop the sale until it was resolved. We have already had an offer on the house ( from another developer) so not overly worried on that front although we have accepted that we will not get anywhere near our asking price.

Although we are thinking of halting the marketing on our house until works are finished and trying again when things are a bit more settled and paperwork is in place.

Yes it does seem that the new landlord doesn't give a shit. We suspect he has form for this - throws up some shonky work and gets the planning signed off retrospectively by the council.
Unlike some councils, ours has no restrictions as to how many HMOs can be in each ward.

It's so depressing.

Thanks again all. Will be on to the council again and a PW surveyor first thing.

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