Neighbor Caused Damage To My Property via Party Wall

[potman100]

Hi Guys

 

Looking for some help with this, approx 2 and a half years ago, a new neighbor moved in, the house was in a state, he began  to renovate the house, there

was no contact with me or the other neighbor over the work he intended to complete.

 

The house is middle terrace.

 

There was no PP applied for, but I believe he has underpinned his foundations, and replaced structural beams within the property.

 

He spent at least 2 months banging away at the party wall, now I have plaster falling of the party wall on my side, and have penetrating damp in 2 basement walls.

 

I contacted him via letter and explained his work had damaged my property, however he has just ignored it.

 

Having done some research, I think my only option will be to take him to court, under common law, I have also discovered that the country court has the power to reverse the

burden of proof,  in cases were a Party Wall Agreement should have been put in place, following a number of Judgments in the high court.

 

Anybody had any experience of this type of proceeding ?

 

Thanks in Advance.

 

Potman

[potman100]

Just to clarify the above, were I said PP (Planning Permission), I meant to say building Regulations.

[CraigMcK]

Worth having a read at this if you are in England or Wales

https://www.gov.uk/party-walls-building-works

there are very strict requirements on this. Have you discussed it with your local planning office

[potman100]

Hi

 

Yes, the problem is, he has made no planning application, or any Building Regulations for any of the work.

 

I have been working with the council and they are useless, he has basically told them he has not done anything

that has required building regulation or party wall agreement !! and this is on a house renovation ?

 

I will checkout the link.

 

Thanks

[ericsbrother]

I think you miss the point about party wall agrements they cover where a new structure is put on the boundary of the properties or attaching things to a wall on that boundary not for renovation of an existing structure.

yours is just a common law tort for the damage. Start going on about missing PWA's and you will lose an almost cut and dried claim. By all means treport the works to the council planning dapt so they can inspect but whatever they find will be irrelevant to your case other than to show the likely event that caused the damage

[potman100]

Hi ericsbrother

 

My understanding was that if I take the Common Law tort approach, the I would have to prove his works had caused the damage to my property ?

 

Were as with the PWA, which he should have served in my opinion, the judge has the ability to reverse the burden of proof.

 

Thanks 

 

Potman

Edited June 13, 2019 by potman100

[ericsbrother]

the wall already existed so there cant be a lack of  party wall agreement as that is for new building works.

Go down your route and you will end up paying them money.

If you want to build an extension that is supported by a common wall then a party wall agreement is needed. If you want to build an extension that is on the boundary of your property and the foundations are within a certain distance of my property (not land) then you need a party wall agreement.

If I convert my existing basement into a swimming pool I need no agreement with you as the building is already there and there is nothing you can say to prevent it. If my builders or swimming pool cause damage to your property you can claim from me for that damage.

 

The burden of proof always lies with the plaintiff

[potman100]

Hi

 

Ok, I take your point, but he has dug down within 3 to 6 meters of my property, and I believe he has underpinned his foundations. (Which I can't prove.)

 

You say the tort is straight forward,  and "you will lose an almost cut and dried claim", can you give any advise on the steps I would need to take.

 

Thanks

 

Potman

 

 

[CraigMcK]

No means an expert, but I understand if for example you want to take out a chimney breast that is part of a party wall you need approval

 

EDIT: Party wall approval

Edited June 14, 2019 by CraigMcK
Extra text

[honeybee13]

Do you have legal cover with your house insurance? If so, they should be able to give you some advice.

 

HB

[potman100]

Hi

 

CraifMcK , he is doing work to the fireplace on the party wall, but as I don't talk to him I have no idea what he has done.

 

Honeybee13, I checked my policy and I have not got legal cover.

 

This is only the damage I mention, I have had continual noise for the last 2-3 years, at all times of the day and night, I think he has

mental issues, as bangingand scraping on the walls as late a 2am, seems to be the norm with him !! 

 

Thanks for the  posts.

 

Potman

[ericsbrother]

you get the council involved then as the noise is nuisance. You will need to keep a diary but whislt you are on to the council you ask them to see if they cna inspect the property as you belive that the works being doen come under building control and possibly breaching the London Fire Acts ( or similar for most cities)

hopefully tey will send someone round and then tell you if they are happy or not with what they have seen. That will help you decide how you want to play things