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Damage by neighbours

32 replies

Obsc · 20/05/2020 08:59

Our neighbours have built an extension, the wall of which is set back 25cm from our boundary line. The extension borders part of our driveway and part of our garden. The border used to be marked by our neighbours fence, which they removed at the start of the building work.
The front of the extension is by our driveway gates, which used to be joined to by our neighbours driveway gates before they removed them for the building.

The extension has now left a 25cm gap at the front between our gate and the new wall and at the back between the original fence and the new wall. There is therefore a gap from the road into our garden and from our garden into the neighbours garden.

There is also a trench filled with concrete, mortar and wooden boards (which are effectively concreted in and stick up above ground level) together with parts of bricks and other builders rubbish. This trench runs along the border beside the wall, technically it is mostly on their side of the boundary but it is not separated from our drive and garden at all - which is quite dangerous when our children’s toys go into it and they retrieve them.

Before the build started, we asked the neighbours what would happen about the gaps and they told us they would block them (we have this in writing). However, we have tried contacting them again to ask when and how this would happen and they are refusing to respond.

This is extremely stressful and we have had to temporarily block the gaps ourselves otherwise anyone could come into our garden. Not to mention how awful it is to have builders looking into the house and garden and all the noise, mess and dust of building during lockdown when we are trying to work from home and homeschool and we can’t even enjoy our garden. They have even been working on bank holidays...

Anyway- my questions are: Do the neighbours have to do anything to make good/safe the trench and block the gaps? Or do we now have to pay to fix the damage they have caused?

I will try and do a diagram...

OP posts:
OliviaBenson · 20/05/2020 19:21

If you have legal cover on your home insurance I'd be giving them a call to find out your rights.

LIZS · 20/05/2020 20:19

I thought pw only applied if they built within a certain distance of neighbours' house, not just a boundary. . There is a drive's width between these properties.

Obsc · 20/05/2020 20:46

The drive is 2.5m wide (it’s not a very practical drive!). But I am pretty sure the party wall act didn’t apply as their extension wall isn’t on or touching the boundary (it’s set back so the eaves and guttering will apparently be within their boundary) and the foundations aren’t deeper than our house foundations.

The trench isn’t drainage - the builders dug down for the foundations and never did anything about the hole on our side of the wall. As part of their building, they put in large wooden boards that stick up above ground level and have nails sticking out (so yes, it is dangerous). They have dropped mortar? Concrete? into the trench and now the boards are stuck there.

Do building control or someone need to come and look at the building to sign it off before finished, and if so would we need to not put up a fence until then so they can look at the wall and foundations? Or is that not a thing?

OP posts:
Obsc · 20/05/2020 20:53

We have blocked off the gaps temporarily! I don’t want a burglary!

They did say they would block off the gap, but they haven’t responded to our email asking them for an update on timescales and if they had a plan for the trench. Sent an email as I am in vulnerable group.

We are good polite neighbours and haven’t complained or tried to obstruct their build at any stage so they have no reason not to respond, even to just say no!

OP posts:
LIZS · 20/05/2020 20:57

Building control sign off would be required but they won't consider the trench etc just the integrity of the construction and its safety. They may have done interim inspections during the work.

Obsc · 20/05/2020 21:07

That’s find, but would building control need to see all the outside walls? Firstly they’d need to come into our property and secondly if we’d put up our fence before then, they couldn’t see the wall anymore, would that be a problem.

OP posts:
OliviaBenson · 20/05/2020 22:53

Have a look at the party wall regulations op but it sounds like they do apply here.

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