Part wall problem, please help!

[Babynumberone369]

Hello,

Any advice would be appreciated please!

I planned to remove a load bearing wall to open up my kitchen and dining room. I got a structural engineer to do the calculations which he sent to me with a cover note saying due to the works on the chimney I should notify my neighbours in accordance with the party wall act.

Shortly afterwards I changed my mind about the work to the chimney, but still let my neighbours know verbally about my plans for the wall removal. This wall does join the party wall.

4 months later when the work started, the builder made a small hole in the wall (the calcs said the steel would rest in the first skin of brick) only to find its a single skin wall. It was into an airing cupboard luckily so not too awful. My neighbour was understandably cross and at that point told me I was in breach of the party wall act. I obviously said any damage would be repaired and he said to carry on but keep him updated. The structural engineer and building control agreed on two peers to hold the steel instead.

2 weeks later and the structural bits are done, my neighbour has given me a surveyors report instructing me to stop all works immediately. They paid £500 for this one page report. I spoke to the surveyor that wrote the report and he said the feeling he got is that they'll proceed with court. Also, which really annoyed me, he said I know you're a woman on your own with a baby, like that has any relevance!!

I know I made a mistake, I just had no idea. I did what I thought was correct by telling them what I planned to do. If they knew all about the party wall act I'm disappointed they didn't tell me. I thought I was doing it all by the book. Apparently the old owners of my house pulled them up on it years ago. They've done tonnes structurally to their side.

Now all the structural work is done, I don't know where to go from here...They can't make me take it down surely?!

What would you do? Any help so appreciated!

I'd be annoyed and the builder and structural engineer, who should have advised you to get a party wall agreement in place.

But it's ultimately your fault for not ensuring you had all the permission and legalities covered before your work started.

You should absolutely stop work until this is sorted. Go round to your neighbour and apologise for the mistake. If you admit and apologise, he may look on this sympathetically. If you try to defend yourself, or he gets the impression you're trying to wriggle out of your responsibility, you may role him enough for him to make things difficult for you.

Then get onto a party wall surveyor and get an Agreement drawn up. Your neighbour will be entitled to have his own surveyor at your cost.

If you play this right, and have a reasonable neighbour, you may be able to draw up the Agreement yourself (there's loads of advise and templates online) which will help keep costs down.

Thank you @Gazelda if it was £500 for a one page 200 word report, I'm looking forward to that bill 😀

I agree with Gezelda. Your best chance out of this is to go cap in hand to your neighbour to apologise and say you will follow the correct procedure moving forward. This could escalate really quickly if you are not careful.

Good luck x

Adding to previous advice. But also, if the work is already done there is no such thing as a retrospective party wall agreement. So get a proper rics surveyor (anyone can be a party wall surveyor).

Thank you @MoustacheTwirler
And thank you @Rollercoaster1920 do you know what will happen if the RICS surveyors not happy?

Worst case is probably the neighbour suing you for lots of money for damage to their house that may or may not have been caused by your building works. Plus having a bad relationship with a neighbour for as long as you stay, and a dispute on record for when you sell.

Housing stood can be fixed, its a question of money.

Thanks @Rollercoaster1920 what a pickle