Extension Work Causing Damage

[Tisso]

Hi

I'm hoping someone can offer me some advice please?

Our next door neighbor has built a large extension onto the side of their property. We've notice large cracks appearing on the adjoining wall both inside the house and outside. Planning permission was received however our neighbor done the building work by himself with his Dad, neither of them are qualified builders!

I've been reading about a Party Wall Act, we didn't take this out prior to the build, I'm kicking myself for not doing this but I didn't know about it at the time.

Where do we stand here please? I don't want to start a war with my neighbor, but the cracks that are appearing aren't hairline cracks they are quite large and I'm worried it's due to the extension, as it's an extension to the full side of their house and the damage is to the adjoining walls, plus what if they've built it incorrectly with them not being qualified builders?

I'm unsure if there's anything we can do but if someone can point me in the right direction as to where I can go for advice etc... I'd be very grateful.

Thank you
Emma

 

[Footsoldier888]

Don't worry about not having a Party Wall Act agreement if there is none. It was down to your neighbours to issue a notice, basically if they haven't it only improves your position legally.

The situation is you have to claim damages from the house owner. If they haven't served a PWA notice and should have then they will have to prove their work hasn't casused your damage, so you are in a strong position over this.

It would be a good idea to post some photos up first though so as to establish what level of damage we are talking about.

If there is damage in very simple terms you engage a reputable builder to fix it and bill them for it. Then if they won't pay you would have to go to court for the money. But obviously you don't wnat to do that unless the damage is more than trivial. Also contact your insurers first.

 

[^woody^]

Cracks to the inside and outside of a wall are potentially serious and typically have one cause - foundation movement. But there can be other reasons for certain cracks in certain places at certain times.

Whether the cause is directly or indirectly related to the building work is something that can only be checked (or a reasoned opinion obtained) by a professional - structural engineer normally.

Either way, the neighbour's work is a potential cause and you are going to at least start a skirmish if not full blown war.

Your home insurer will normally deal with this and instruct the required people and instigate any claim against the neighbour. Or you will need to see a Solicitor and get legal advice. Do not attempt any repairs until you have got further proper advice and determined if the neighbour's work is the cause or not - either directly or indirectly.

It would have been up to the neighbour to instigate the PW Act and serve notice, not yours. So you don't need to kick yourself. There are still options for an injunction or claim under the Act in specific circumstances, but that's for a specialist Solicitor conversant with Party Wall matters to advise.

If you go through your insurers, remember that they work for you and if you are not happy with any particular course of action, question it, get a second opinon if need be. Stay in control of any claim and proposed action.

 

[garyo]

as it's an extension to the full side of their house and the damage is to the adjoining walls, plus what if they've built it incorrectly with them not being qualified builders?

Are the cracks in your property or theirs? How far from your house are the extension foundations ? Is their extension connected to your house in some way, or do you mean it's on thy opposite side of a semi detached pair and you're the other house of the pair?