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Party Wall Damage and liability

11 replies

BugWug · 26/02/2023 11:22

Hi Oracles

Apologies for the backstory, i hope it adds value.

In Feb '22, a 2 up/down Georgian/Victorian property next door to me was bought by someone who then promptly started work on extensive renovations.

These works included removing wood and old plaster from the walls to go back to brick, expose joists, remove some floor boards upstairs, remove chimneys, replace a wall in a rear extension, excavations - it has been brutal for both myself and neighbours in this small street.

Builders arriving from 6:15am until 14:00/15:00 per day. Work eventually completed Jan '23.

Its been a nightmare and learning curve as i now know about Party Walls but, it was all too late to be effective. i was never provided a PWA at any point, the council advised i should have had one but did nothing.

I was originally advised that the work would be up to 3 weeks and 2 old ladies would like there but, having seen the result, its very unlikely given its now hard tiled flooring downstairs and inappropriate facilities for stiff, fragile older bodies prone to falls and bangs.

The result of the work is that as the two properties share the upper floor joists and they removed all the old plaster to expose the beams and walls, they never filled those joist holes again and simply boarded around them. This now means that sounds easily transmit between the properties, whether its people talking loudly, baby screaming, dog barking, etc.

All that is preventing transmission is 12.5mm plasterboard on their side.

Frustratingly, during Covid i had put up an independant wall with 2 plaster boards, insulation and a 5mm Techsound layer. This meant that in the early phases of the work, when i was allowed in next door, my music could be very loud and they would not hear it. By the end of the work it now can be heard despite my efforts to not be a nuisance and to be considerate of others.

The rear extension is only a timber frame, erected over the party wall upstairs to the outside edge (ie, my side) and plasterboarded. my featherboards are cladding the rear from one wall to the partywall and should be 2 bricks deep yet their internal wall is built over this edge. This means there is only a piece of baton and plasterboard between us at the rear of my property upstairs so we can hear each other talking quite easily.

The house did appear on Air BnB before Christmas, it has had one set of guests (with the baby), an old couple (i presume to be the owner) with a yappy dog stayed some days over Christmas.

Thoughout last year, i asked to speak with the owner and was always told 'she' was coming down later but, never knocked. In Aug '22 i posted a 16 page report of the problems, indicating where the now weak spots were and requested a meeting to discuss. No response. 14 days later i wrote again, expressing disappointment at her failure to share the concern and remediate whilst practical.

The house is now up for sale, it seems an unrealistic price to us in the street, she is demanding an additional £115k for something believed to have been over priced originally.

What can i do? I expected 'them' to live in this property and to feel compelled to remediate once experiencing the problems themselves yet now it seems they want to move the problem on to someone else who wont 'own' the Responsibility.

How can i ensure someone is responsible for remediating these problems and that she/they 'dont get away with it'?

Thank you for reading.

Natalie

OP posts:
TizerorFizz · 26/02/2023 13:56

You need a solicitor. I don’t know why you didn’t get a party well agreement snd engage a party wall surveyor. Now: there’s little you can do but get legal advice. You have to understand that no one looks out for you, except you. You might be able to contact the local planning authority and see if it has building regs approval. It probable doesn’t. So try that avenue as well. Also engage a surveyor to assess safety of your building. If they haven’t complied with regs, it probably won’t sell.

emark · 26/02/2023 14:11

Contact building control at your local council.
If joists not sealed sounds like a fire risk.

As for any damage caused without photos and survey done before work it will be hard to prove. Seek legal advice and help from a structural party wall surveyor

thinkfast · 26/02/2023 14:34

This sounds like you might end up in a claim/ dispute with them. Ask if your household insurance covers this.

thinkfast · 26/02/2023 14:35

Also you might want to write to the estate agents who are selling the property, asking them to contact their client and fix the issues. Also mention they never got a party wall award, this could make it harder for them to sell, which might act as motivation for them to carry out the works

TizerorFizz · 26/02/2023 17:52

Depends if this is thought of as malicious damage or bad workmanship. The former might be covered but the latter is difficult. The op didn’t get a party wall agreement. The neighbours are of course awful but I would engage a surveyor and a solicitor as the last resort. Yes that is a dispute but knowledge is key in the first place. Op needs to know the extent of the damage and safety implications. Then decide how to deal with the neighbours.

Snapdragonsoup · 26/02/2023 19:39

Soundproofing seems to be the issue and also maybe they haven't complied with fire regulations? It is difficult when you don't know what they have done that you can't see though and I think building control only come out to investigate 'dangerous structures'. If it is any consolation, even if they had done a party wall award with you it doesn't mean they would have followed it. It is just a document giving them permission to do certain documented works. The owner (a property developer I guess?) is probably well experienced at ignoring neighbours as you have seen from their behaviour so they would have done what they liked anyway regardless of a party wall award and it would have been hard to find out if they had followed it if you couldn't see everything. The party wall surveyors don't do much unless asked to by the building owner either so they would probably not have been able to come and checked off the work in progress unless the building owner agreed to it and was willing to pay. What you need to assess is the noise transmission - you could perhaps start by recording it on your mobile phone? If it is bad it may be something you can complain about the the council but they would need to come out and witness it so the noise needs to be at predictable times. Otherwise record yourself as a starting point to discuss with the council and see if there is anything they can do. Otherwise you may need to engage a surveyor to do a report to start a legal claim in which case make sure the surveyor can do a court compliant report.

BugWug · 26/02/2023 19:42

Hi TizerorFizz

The cynic in me says they never intended to provide a PWA hence the lies and by the time i learnt about PWAs and some process the works were too far advanced.

I had a surveyor come to my property by that was in August, he advised that he couldnt do anything at that stage as the PWA had passed and that i would have to report noises once occupied. This doesnt help address the damage caused tho.

Thanks for the suggestion about using Legal Support from my insurer, thats something i hadnt considered.

I dont believe the poor work was malicious, id say it was a result of the builder teams changing several times and a lack of knowledge continuity. I think the various teams were independant of each other and so contributed to the poor standards.

Thank you

OP posts:
BugWug · 26/02/2023 19:43

Yes - sadly tho, until its occupied, it is difficult to get any traction with any noise/disturbance logs and then it may be too late if the property has exchanged

OP posts:
Snapdragonsoup · 26/02/2023 22:11

I think if you have a dispute with the owner, the owner needs to declare it when selling. Therefore, I don't think having exchanged would be a barrier to pursuing the matter. Even if they were not told, their remedy would be to sue the previous building owner for not telling them about a dispute.

Snapdragonsoup · 26/02/2023 22:15

Who had overall responsibility for the various building teams? Was it the owner or was there a builder who was in charge of everything but subcontracted out the various jobs? It is who had overall responsibility that is at fault if the works have not been done to standard. Individual contractors just do what they are asked to do and do not look at the big picture unless that is what they have agreed to do.

TizerorFizz · 27/02/2023 08:43

Building Control is often a private company on a contract now. Talking to a council
is often fruitless. However the planning dept should have detailed building plans if it got pp.

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