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what is reasonable compensation for damage to a neighbours property?

21 replies

manechanger · 17/03/2015 10:14

we are doing some work. We haven't damaged neighbours property and don't intend to but I wanted some advice about what we should offer if accidental damage occurs. there is an ancient garage between us and the neighbours which has an asbestos roof. Naturally they are worried that we may damage the roof with our work. If we do what is reasonable to offer?

The garage is barely standing up so I would offer to remove the roof and replace it but my builder isn't sure it's strong enough for a new roof. Surely I wouldn't have to replace the whole garage?? Could we offer to cover teh cost of removing the asbestos and cost of a similar (non asbestos) roof and let them worry about the strength of the garage? If it were mine it would have been the first thing I would have replaced but horses for courses.

Just trying to get prepared as I don't want to suddenly have an enormous cost which I haven't anticipated.

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echt · 17/03/2015 10:20

Do not offer to repair their roof. Their asbestos, their problem, though your plans are right to anticipate problems.

I'd go to your local council and outline your concerns.

Trufflethewuffle · 17/03/2015 10:22

What about your or your builder's insurance?

HoneySwampDragonInMourning · 17/03/2015 10:26

Have the neighbours brought the issue up? Do you think they are angling to get a new garage?

It seems odd that everyone is worried about damage.

Teeb · 17/03/2015 10:29

I would think it depends what would be the cause of the damage. What are you anticipating will cause it?

wowfudge · 17/03/2015 10:34

This would be an insurance matter.

cartoonsaveme · 17/03/2015 10:46

Why on earth would you damage their garage?

thatsmadted · 17/03/2015 10:53

I guess she's thinking the builders may drop things on the roof? Or does the garage directly abut your building so that it relies on it for support?

Teeb · 17/03/2015 11:15

If you droop etching on someone else's roof then I'd imagine you pay for it. Are you worried the vibrations of a big lorry/cement mixer type thing will disrupt the whole structure?

Diamondjoan · 17/03/2015 11:15

Asbestos is bloody expensive to deal with.
Just make sure you have a reputable builder who will make good any damage and not bugger off and leave it to you. Their insurance should cover damage. We had a long standing dispute with our neighbour whose builder caused £70k structural damage to our property. Everyone tried to deny responsibility, the builder, the neighbour, the insurer. Took 5 years, £20k in legal fees and a court battle to get it sorted. The issue was the builder was a scumbag who lied to the insurers and forced it to court. The relationship with the neighbour fell apart when he would just smile and say talk to the builder, made we want to smash his fucking face in every time I saw him. Just make sure your builder isn't a scumbag and all should be ok.

manechanger · 17/03/2015 12:27

The garage is detached but is next to my fence. We are doing our roof and have scaffolding next to the fence. The neighbours have brought it up. Not sure they are angling for anything just think they wanted to raise that it was fragile and was asbestos so we were extra careful. Everyone on site is aware of it and we have screening going round the scaffold. Doing everything we can to prevent an accident but I just want to know how generous to be if anything happens and how much contingency I need to deal with this.

Did someone above say their house insurance would deal with it? that seems a bit unfair. But neither do I want to replace an entire decrepit garage, I am happy to deal with the roof if I have to. In a way I think it might be reasonable to just pay to remove the asbestos, which is an expensive job in itself and I think should probably be dealt with anyway, on the other hand, they should be left as they were so perhaps a replacement roof is fairer.

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cartoonsaveme · 17/03/2015 12:31

Removing an asbestos garage roof is not that expensive and can be done quite easily if you follow the detailed HSE guidance.

manechanger · 17/03/2015 12:31

echt, who would deal with this in the council and how would i outline my concerns? Would I just go in and say, I'm doing some work and am worried aobut damaging a neighbour's property? Maybe its better if I do that when it actually happens but would be useful to know who. Dont' want to end up with neighbours who want to smash my face in ideally.

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manechanger · 17/03/2015 12:37

cartoonsaveme. It would be a drop in the ocean and we plan to live here a long time so a bit of money for harmony would be good but i want to ensure I know what I am legally liable for so I don't end up being too generous.

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SunnyUpNorth · 17/03/2015 12:40

We had a rickety, asbestos garage removed when we moved into our house, it cost around £500 I think. I rang the council and they gave me a list of approved contractors. So that should be the most you should have to pay really as it sounds like it isn't worth repairing.

manechanger · 17/03/2015 12:45

yeah but then they dont have a garage which they do now so I'm not leaving them as they were. Sorry I know I'm going on about a hypothetical situation which I'm hoping is unlikely but £500 is much better than I was expecting. I was planning for asbestos removal of about 800, and was thinking a grand contingency might be good. Am also going to look at hse guidance. Thanks this is all very helpful.

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Celeriacacaca · 17/03/2015 16:21

Take photo's of the garage before you start work so that you have a record of condition in case your neighbours make a claim.

InsertUsernameHere · 17/03/2015 16:33

Good advice about photographing the garage pre build. It is their (ie neighbours) insurance that would cover it. Their insurance would then claim from your builders insurance. (In much the same way car insurance works - it would be a 'no fault' claim.) Properly check your builders insurance (and your own to check your building is covered during the work). If you have chosen a reputable builder it will be fine. If damaged by the builder and they offer to make good rather than each claim on insurance they have that option - but it isn't up to you unless (a) you appoint an uninsured builder (b) you directly damage the garage.

newstart15 · 17/03/2015 19:57

Would it be worth looking at the Party Wall Act as this has a procedure for working close to another's boundary. It would involve upfront costs but I think that would be preferable as there is the structure.

manechanger · 17/03/2015 20:10

we have taken photos and have already started so probably too late for the party wall act. We are nowhere near the house nor foundations. I hadn't realised insurance could be involved so that is really useful should it come to that. Hopefully I wont need any of this advice!

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shovetheholly · 18/03/2015 14:53

Our neighbours recently had their roof done - complete replacement of all the tiles, with scaffolding up for 2-3 weeks. There was a lot of dust in our house (which they couldn't help, tis a messy job) but absolutely no damage and certainly no tiles flying anywhere. There is no reason to think that anything will be dropped on their garage - they are being anxious and a bit panicky.

Proper disposal of asbestos is expensive, even if it is bonded (as a roof would be). I was quoted between £800 and £2000 (!) to dispose of a very small (3m x 1m) asbestos roof. I ended up doing it myself, which involved a lot of research into the right gear and bags, but was also a rare opportunity to wear a full protective suit and a mask. I looked like I was going to a rave and made the most of it.

manechanger · 18/03/2015 15:57

didn't want to be outed so wasn't specific but it's a loft conversion so a bit more work than just a roof replacement. I agree though that they are worrying and anticipating trouble where there is unlikely to be any. However I don't know them very well and because they are already worrying, I think there may be the odd issue coming up so I just want to be prepared in case something does actually happen. I'm not sure if they object to the work in itself and this is how it's coming out. difficult to tell.

shovetheholly, your prices were more what I was imagining. This thread has been very useful as I hadn't even thought about letting my insurers know and have sorted that out today. Thanks for all the help.

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