Building works and fence issue

[Raindancer411]

Our neighbours had an extension done last year, it finished just before Xmas. I had someone around to look at our fence as we needed part redoing, to benefit both us and next door.

When he was here and we were inspecting the fence from their side, he noticed their building works has undermined our fence and the posts are now only just supported form their side by being about a foot into the ground (their ground level is lower than ours so a foot is soil has been pulled away from the fence posts basically).

The posts are now loose and the fill of our patio is being washed into their garden. We had noticed the patio slabs were being uneven towards the fence but just thought it was where we needed to top up sand to level, but this could now be why. You can see some light down by one of the posts.

We signed an agreement for works to go ahead under the party wall act.

Where do we stand please?

They have said they will chat to us about the fence when they are free, and this is an extra issue now to bring up.

Have you got your own party wall surveyor to negotiate for you? Normally you expect full restoration of your property. The PWA should have photos of “before” and there is now damage as the patio has not been retained by works to hold it up. A retaining wall in effect. Did you negotiate for this? What is in the agreement?

We signed a paper to say we were happy to go ahead, I had told them I was happy to use their own surveyor to save them money.

@Raindancer411
Always object and make them pay for you to hebe your own surveyor. However you have theirs do get in touch with them. Do you have “before” photos? Do you have the contact number for the surveyor? Or was this just an unofficial agreement between you and the neighbour which isn’t a legal agreement ? If so, you will just need to sort it out with them.

@TizerorFizz It was a letter just saying we were happy with them to go ahead under the party wall act.

I spoke to them the other day and they are going to see what they can do to secure the posts and dirt over winter. They have some more works planned so will address it when they do that work next. Fingers crossed they take the hit on the cost...

@Raindancer411 I’m very sorry but that’s meaningless! Didn’t you look up the Act to find out what it actually meant?

You should have had a survey and the exact situation photographed. Then reinstatement to the standard before their work was carried out. The survey should have been carried out by a professionally qualified surveyor. Now you will just have to hope they “see what they can do” is ok. Or see a solicitor! A letter from a solicitor might make them reinstate the patio and fence. I would also make absolutely certain you know what reinstatement works are necessary. It’s quite a big job now as the patio needs retaining.