Former Loft Extension breach of Party Wall

[Jules32*]

I am in the middle of completion of a Dormer Loft extension and have been informed by the builders that they have breached the part was agreement by building the dormer outside of the specifications. This means that the roof tiles will will be over the neighbours party wall. My builders say I should just modify my neighbours, who I know will not agree to this. Do I need proper legal advice? The builders are asking me to sign a disclaimer so they can carry on but I’m worried about future ramifications, for example if I want to move and it’s identified by a survey.

 

[Koolpc]

Dont sign anything. Its up to the builders to stick to the plans etc. If they have messed up then they should put things right.

Do you have a contract with the builders?

I would seek legal advice.

 

[Jules32*]

Thank you, yes a contract where essentially they try to get out of everything. I was going to send them a message where I would only sign after they advised my neighbours of the breach along with the party wall surveyor but I think you are right I need legal advice. I’m worried if I wanted to sell, then I’ve not a leg to stand on. Happy Days!

 

[Murdochcat]

You need to involve the party wall surveyor

 

[Ben Mackie]

Any breach of party wall agreement can be sorted by the appointed party wall surveyors, or you can agree the amendment with your neighbour by obtaining their written consent. Nothing is law prevents you from raising the party wall in full thickness, or building up to the halfway point of the party wall. Having hanging tiles over a party wall, where the flank wall of the loft is built against it is also not a problem, as the neighbour would have the right to strip them back to facilitate raising the party wall in full thickness should they wish to do so.

 

[^woody^]

Sounds like they have created a trespass across the boundary, which would be much more serious.

Your response to the builders is "Take it down and build in accordance with the PWA and plans. At your cost".

 

[Jules32*]

Any breach of party wall agreement can be sorted by the appointed party wall surveyors, or you can agree the amendment with your neighbour by obtaining their written consent. Nothing is law prevents you from raising the party wall in full thickness, or building up to the halfway point of the party wall. Having hanging tiles over a party wall, where the flank wall of the loft is built against it is also not a problem, as the neighbour would have the right to strip them back to facilitate raising the party wall in full thickness should they wish to do so.

 

[Jules32*]

Yes have done and I’m hoping it’s been resolved. Thank you for your advice it’s exactly what the wall surveyor said. Fingers crossed it’s been resolved. Love this community for all their advice