Next door did work without permission

[twixxy]

So we live in a terrace of six late Victorian houses. The house to our right (end of terrace) has been doing the place up after renting it out for the last ten years. They mentioned (when we ran into them in the supermarket) that they would be doing work but given we were shopping for groceries didn't give any specifics of what it entailed. Turns out work included a loft conversion plus knocking out the chimney breast in the master bedroom so they could fit full depth wardrobes across the whole wall rather than just in the alcoves.

Both these things affect our shared wall but they didn't get a party wall agreement and as we didn't know about either of these specific things until they were underway it was too late for us to do much at the time. As legally they should have come up with the paperwork two months before doing the work we asked very nicely if they could get a retrospective agreement and they basically told us to piss off. Imagine that it would be a nightmare to sell our house without the paperwork (scarred from all the hassles from our last sale even when we did have the bits of paper) so what can we do? The law says they should have done one thing but for us to legally enforce it will cost us a fortune if they won't play ball. Presumably the council were involved in making sure the work was done to standard (loft conversion is a big project right?) so shouldn't they have insisted on the paperwork? I thought specialist loft firms would make you do this to stop any hassle. Seems not. Help!

Yeah my neighbours never wanted a PWA. They sold their house fine. It's not a legal requirement to have one.

A PWA is not retrospective - once work has started, it's too late to issue it so that bird as flown. And there's no penalty for not issuing one.

Wow! Not good. Will try to get certification and see if that will suffice. From what we have read if it has caused damage to our house or stops sale going through there are ways to sue. Got a couple of experts to speak to. Some people really are unpleasant eh?

Dolly - the potential buyers knew about the work due to vans outside and asked for the PWA but obviously there isn't one. We couldn't pretend we didn't know about the work when there is written evidence that we did (after the event)

So the issue is that the potential buyers are insisting on paperwork and there isn't any to give them therefore we could have trouble selling and the neighbours get away Scot free despite screwing it all up for us and costing us a ton in lawyers' fees.

Have looked for notice of works via the council and can't find. Not sure if there is another way of doing it

You will never be asked "have your neighbours done any work"
You won't be hiding anything!

Ah-you didn't mention potential buyers!

I'm confused- are you actually selling to them, if so,your solicitor can help you with this.

Sorry if it wasn't clear

Yes selling

Yes sadly were asked about the work so couldn't lie. Dirty great van advertising loft conversions outside and hammering away when they were round here. Hard to hide really.

Well, these buyers may walk away (which would be crap for you, obviously) but another buyer won't know.

Surely these buyers will get a structural survey if they're concerned?

If they applied for planning permission it will be on councils website, you won't be able to get building regs sign off from the council, but the neighbours could give you a copy when signed off. That could help.

Otherwise, not sure who you could get certification from?

Ultimately the buyers can demand whatever they want but if you can't produce it, or get comfort letters from relevant authorities, they just have to take their chances.

A good survey should suffice

Solicitor looking into obviously but smug neighbours laughing away in their bloody loft in the meantime

Waiting to hear back on survey but obviously issues can arise from work on other side of wall later on which survey at this time won't help with and buyers Know this (a relative apparently had a bad experience so they are wary)

They can pull out obviously but that would be fairly disastrous all round. They want to be in here in time to apply for local primary (nothing else suitable in catchment on market at the moment) We want to not lose property we are trying to buy. Lots of money spent on both sides

Surely they needed a building warrant? In which case you will be able to see it on council BW apps site.

BW should include any structural engineers report.
Or do they not have BWs where you are? England?

They want to be in here in time to apply for local primary (nothing else suitable in catchment on market at the moment)

I would't overworry too much then - hold your nerve.

If they want your house for school reasons, you have the advantage- they won't pull out

Fingers crossed! And no nothing on council website

Well in that case I think they will have considerably more problems selling their house than you will yours.

Not sure if you can report them to council for failure to get a BW but it might be worth asking.

There's noting you can do if a Party Wall Agreement wasn't issued prior to the start of works or if you didn't ask for one from your neighbours.

So it's pointless your purchasers asking, you just say that notice wasn't served.

I think it'll be fine and the worst that will happen is that you have to buy an indemnity insurance.

Yeah it kind of sticks in the craw that we have to pay for indemnity because they didn't get the correct paperwork. For info we couldn't have made them get at the time because we didn't know they were doing the work until they did it - and we couldn't issue an injunction to stop it as the clever dicks did most of the party wall stuff while we were on holiday so we only caught the last two days. By the time we could have served the injunction there would have been no point. Tbh I'm as much pissed off that they could do this behind our backs and get away with it while making us pay for any comeback as I am that it's causing a mare with our sale

I don't think you can get indemnity until the works are 12 months old

You need to phone the council and ask them if there's a building certificate. They don't post them online - due to volume I imagine.

titchy do you know if it has to go through the council or whether there are private companies who do the same thing? Have found listings for various works in our street on the council site but nothing for next door

titchy do you know if it has to go through the council or whether there are private companies who do the same thing?

It doesn't HAVE to be the council for certina things if they are a member of the 'competent person' scheme.

So for e.g. a new roof needs building regs but you can get a roofer who is a competent person member to do it and sign it off instead of getting building control out to issue certificate of completion.

Seems like most roofers don't give a flying fuck about building regs tho.

Not sure re oft conversions. Easiest to just phone council and ask.

will do. might take my mind off shabby feelings towards evil neighbours!

stabby feelings! bloody spellchecker

The council maintains the building control register. All notifiable work gets lodged with the council, irrespective of whether it'done with the council or an approved inspector (private company)