Neighbour's new roof works causing damage. No PWA notice served.

[Fresher123]

Our neighbour told us they need a new roof as theirs is leaking. They put in plans, obviously we didn't object.

We have had construction works done on our roof 11 years ago so we know what is normal, and we heard heavier than usual banging during the past 4 months. The property under our neighbour had mortar fall from her walls and ceiling. We started seeing cracks in our ceiling plaster too. Upon further investigation, we have found that our neighbours have cut into the party wall to fit lead flashing. The lead flashing is poorly fitted by cutting into the brick rather than the mortar. This has cracked a brick which may let in water.

No party wall notice was served and our neighbour, their architect and project manager have all repeatedly said they don't need to serve notice as they haven't touched the party wall. When confronted with the photos they insist that their lead flashing did not require party wall notice. We've written to two different RICS Chartered Surveyors who have said they should have served party wall notice.

When we checked the original planning application, the plans which were submitted appear to understate the scope and scale of the works. The proposal only stated: " the insertion of a new access to the existing roof terrace; installation of new dormer window to rear roofslope; installation of a replacement rear door and fenestration to first floor rear outdoor terrace". There was no mention of an entire new roof.

We've written to the neighbour and asked them to pay for an independent report from a RICS chartered surveyor to assess the visible damage and check for functional and structural damage and then pay for remedial works. Instead they've offered to send round their project manager to assess remedial works referring only to the cracks in our plaster. He's obviously not a chartered surveyor, he lied previously about not needing to serve party wall notice and we're not happy with the quality of the building contractor that he's using.

I have read about a similar case Roadrunner Properties Ltd v Dean [2003] EWCA Civ 1816 where someone took their neighbour to county court on grounds of negligence and trespass. That's really our last resort and hope that our neighbour will just agree to a surveyor's report and pay for the remedial works which will be completed by a more careful and reputable building contractor that the chartered surveyor can recommend. It seems that the result for us will be the same regardless, but the cost for her (if we go the legal route) could be much higher.

Do we have any other options other than hiring a solicitor and going to county court? - This option seems like it will be expensive and there's a small chance we could lose! We wrote to planning enforcement and did not hear back. We wrote to building control but our neighbour used an Approved Inspector from a private building control company. We asked our neighbour for the contact details of the approved inspector, but they haven't supplied it. We wrote to our local councillor and they've asked us to outline how her work deviates from the consented drawings and plans and to submit this in writing. I'm not a builder so cannot really specifically state what is different, but what is written just doesn't seem to marry up with the amount of work being done.

TLDR: Neighbour has replaced their roof, cut lead flashing into party wall. Neighbour did not serve party wall notice. Visible interior and exterior damage. Neighbour repeatedly lies and seems unwilling to engage a surveyor. Local council not particularly helpful.

Can we get some advice? What is our roadmap out of this mess? Thanks in advance

 

[freddiemercurystwin]

Apart from a hairline crack in your ceiling are there actually any other problems?

 

[Fresher123]

No other problems yet. About 10-15 cracks in various locations along the party wall and ceiling. About 10-50cm long most of them and some are 2mm wide in places. There's at least one brick cracked on the party wall where they have cut to insert lead flashing. So that brick is exposed as photos above show and I imagine the brick is taking on water with all the rain we're having. There might be other bricks further along the wall that we cannot see. I still can't understand why the architect, project manager and neighbour all separately lied about doing any works on the party wall. Also not sure why they cut into the brick instead of mortar to fit the lead flashing. Confusingly on the other side of the roof, the leadwork just overlaps the parapet, no cutting. I don't understand the inconsistency?

 

[jeds]

I wouldn't get too hung up about the party wall thing. The PWA is not retrospective so there's nothing that can now be done under the PWA.

Your issue is that your neighbour's builder caused damage to your property. Your neighbour has offered to inspect the work and carry out remedial works. My advice is let them inspect but ask them to outline the remedial works in writing, including how and when?

Keep in mind that if you were to pursue this legally, a court would not look favourably on you if the neighbour offers remedial works and you refuse to allow them to even look.
Of course the court would also not look favourably on them carrying out works without a PWA either but that all really depends if there is any real damage or just cosmetic damage?

 

[RandomGrinch]

I wouldn't get too hung up about the party wall thing. The PWA is not retrospective so there's nothing that can now be done under the PWA.

As above, don't worry about the PWA.
There may have been no intention to deceive. Minor works on a party wall don't need the act. They may (although unlikely!), have assumed this was minor.

Above all, the PWA act would have been of most benefit to your neighbours. Now there has been damage done, how do they know it wasn't pre-existing?
It would have been in their best interest to have an agreement if they had suspected anything could have gone wrong.
So although this is a delicate matter, don't assume they were lying

Apart from that, the leadwork detailing definitely needs sorting - it's a bit rubbish!

I know it's hard, but remaining ammicable and objective, will get the best outcome for all of you.

 

[Fresher123]

I wouldn't get too hung up about the party wall thing. The PWA is not retrospective so there's nothing that can now be done under the PWA.

Your issue is that your neighbour's builder caused damage to your property. Your neighbour has offered to inspect the work and carry out remedial works. My advice is let them inspect but ask them to outline the remedial works in writing, including how and when?

Keep in mind that if you were to pursue this legally, a court would not look favourably on you if the neighbour offers remedial works and you refuse to allow them to even look.
Of course the court would also not look favourably on them carrying out works without a PWA either but that all really depends if there is any real damage or just cosmetic damage?

Thanks. This is really helpful

 

[^woody^]

Go for an injunction if the building work is ongoing. That will get their attention.

Instigate a claim for damages under common law (ie negligence) and name the owner, builder, architect as joint defendants.
Your home insurer may be able to deal with the action.