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- 8 Oct 2020
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Firstly Hello all!!
Brief history I moved into my property 10 years ago, Had a small extension built within my boundary some 500mm away from the small ground floor party wall (just learnt was it is) in my Garden. At the time my neighbour complained and we had a visit from the local building control officer. result no issues. They also objected to a disabled bay outside our house to which we didn't appeal. SO it never happened. Now they are building an extension and below are the notes ive been keeping.
Friday 18th September 2020 – Informed by Ian (Neighbour) that they will be starting a single level extension on Monday 21st September 2020. This was in the late afternoon between 1600-1800. During the conversation Ian asked if we would be happy for the builders to remove the small (privacy wall that covers both boundaries close to the house). I replied yes, unaware what this wall was. He also asked if I could take my fence back to the nearest post to allow the builders room to work. Then stated when the work is finished they would make good the wall fence area.
Saturday 19th September 2020 – After a discussion with my wife, I approached Ian again regarding a few niggling dowts about his new extension asked him will he be building up to our boundary. His answer was initially yes, however backtracked and said unsure will have to ask the builders. This was because I asked him about his roof type where he suggested it was not a lean to and in fact a roof with three slopes like his front porch. I then raised the point that if they were building up to the boundary his gutter and any overhang would be on our land. I raised the issue of the window that we have down the side of the house to ensure no damaged is made.
Sunday 20th September 2020 – After a few hours of research I discovered that this small amount of wall is covered by the Party Wall Act of 1996. It states in this act that we should have had 2 month notice in writing before this wall can be removed with our permission, which also had to be in writing. In the evening at approximately 1900 hours. I knocked on Ian to further ease my worries of damage to my property and any encroachment on my land. I informed him of the Party wall act and stated what he should of done. I did say that I wouldn’t want to hold up any of their work and they may proceed. I also stated that because they didn’t notify us that they may be liable if the builder was a cowboy and refuses to fix anything that they may damage. Helen then joined the conversation and talked about the act stated they only had to give notice, to which I reiterated they should both read the act as the notice they had given wasn’t enough and nor was it in writing. Again I spoke about our insecurities about the window and any building part of the building that covers encroaches on our land will block out more light in an already dim area. We spoke again about the builders where both Ian and Helen stated that the builders Vince and Mike, they have complete trust in as they had worked with Vince previously. The builders company name is Gormley Building Services (states on their vehicle).
Monday 21st September 2020 – Spoke to both Vince and Mike about the extension. Mike stated that the extension will not cross the boundary and the guttering will stop at the boundary. The side of the extension will stop approximately 300mm away from the boundary to allow the fascia and guttering to be fitted within the boundary. I told them about the window again and stated they had permission to come onto my land to dig the footing for the extension and to let me know if there were any issues. Mike stated he would not be digging any lower that my foundation and has asked how deep they actually went. I stated I didn’t know but would find out if I could. The firm that built our extension, Red Builders from Abergavenny appear to have gone bust. Mike also stated that their work would be checked by a building control officer.
Thursday 8th October 2020 – Last night a friend of ours who is self-employed in the trade suggested that they will be coming on to our land by approx. 100mm. He also suggested that they have built almost right up to the boundary of our properties with less than 300mm as previously suggested left between the block wall they have built and the boundary. As the area is not accessible I estimate based on photos that they are within 60mm of the boundary line (centre of the previous party wall and their rendering). We have also concerns around the brick work that has not been refilled yet. I will speak later on today regarding our concerns. We have also contacted Torfaen council, hopefully the building control officer will pop around and review.
Spoken to Mike today and he has assured me that the holes will be replaced by bricks and guttering will only come out from the extension wall by 100mm. This would put in within the initial brick space of the party wall.
For me its a trust thing now, Where do I stand when its built, if its not how they say. The builders have been incredibly polite, very neat in their work and approachable, explaining everything in detail. The small part of land is not even used by us, as its so narrow so going to court would be a pointless for something so trivial as 100mm-200mm of guttering only.
However biggest concern for me is if we ever sold the house, what impact would it have?
Brief history I moved into my property 10 years ago, Had a small extension built within my boundary some 500mm away from the small ground floor party wall (just learnt was it is) in my Garden. At the time my neighbour complained and we had a visit from the local building control officer. result no issues. They also objected to a disabled bay outside our house to which we didn't appeal. SO it never happened. Now they are building an extension and below are the notes ive been keeping.
Friday 18th September 2020 – Informed by Ian (Neighbour) that they will be starting a single level extension on Monday 21st September 2020. This was in the late afternoon between 1600-1800. During the conversation Ian asked if we would be happy for the builders to remove the small (privacy wall that covers both boundaries close to the house). I replied yes, unaware what this wall was. He also asked if I could take my fence back to the nearest post to allow the builders room to work. Then stated when the work is finished they would make good the wall fence area.
Saturday 19th September 2020 – After a discussion with my wife, I approached Ian again regarding a few niggling dowts about his new extension asked him will he be building up to our boundary. His answer was initially yes, however backtracked and said unsure will have to ask the builders. This was because I asked him about his roof type where he suggested it was not a lean to and in fact a roof with three slopes like his front porch. I then raised the point that if they were building up to the boundary his gutter and any overhang would be on our land. I raised the issue of the window that we have down the side of the house to ensure no damaged is made.
Sunday 20th September 2020 – After a few hours of research I discovered that this small amount of wall is covered by the Party Wall Act of 1996. It states in this act that we should have had 2 month notice in writing before this wall can be removed with our permission, which also had to be in writing. In the evening at approximately 1900 hours. I knocked on Ian to further ease my worries of damage to my property and any encroachment on my land. I informed him of the Party wall act and stated what he should of done. I did say that I wouldn’t want to hold up any of their work and they may proceed. I also stated that because they didn’t notify us that they may be liable if the builder was a cowboy and refuses to fix anything that they may damage. Helen then joined the conversation and talked about the act stated they only had to give notice, to which I reiterated they should both read the act as the notice they had given wasn’t enough and nor was it in writing. Again I spoke about our insecurities about the window and any building part of the building that covers encroaches on our land will block out more light in an already dim area. We spoke again about the builders where both Ian and Helen stated that the builders Vince and Mike, they have complete trust in as they had worked with Vince previously. The builders company name is Gormley Building Services (states on their vehicle).
Monday 21st September 2020 – Spoke to both Vince and Mike about the extension. Mike stated that the extension will not cross the boundary and the guttering will stop at the boundary. The side of the extension will stop approximately 300mm away from the boundary to allow the fascia and guttering to be fitted within the boundary. I told them about the window again and stated they had permission to come onto my land to dig the footing for the extension and to let me know if there were any issues. Mike stated he would not be digging any lower that my foundation and has asked how deep they actually went. I stated I didn’t know but would find out if I could. The firm that built our extension, Red Builders from Abergavenny appear to have gone bust. Mike also stated that their work would be checked by a building control officer.
Thursday 8th October 2020 – Last night a friend of ours who is self-employed in the trade suggested that they will be coming on to our land by approx. 100mm. He also suggested that they have built almost right up to the boundary of our properties with less than 300mm as previously suggested left between the block wall they have built and the boundary. As the area is not accessible I estimate based on photos that they are within 60mm of the boundary line (centre of the previous party wall and their rendering). We have also concerns around the brick work that has not been refilled yet. I will speak later on today regarding our concerns. We have also contacted Torfaen council, hopefully the building control officer will pop around and review.
Spoken to Mike today and he has assured me that the holes will be replaced by bricks and guttering will only come out from the extension wall by 100mm. This would put in within the initial brick space of the party wall.
For me its a trust thing now, Where do I stand when its built, if its not how they say. The builders have been incredibly polite, very neat in their work and approachable, explaining everything in detail. The small part of land is not even used by us, as its so narrow so going to court would be a pointless for something so trivial as 100mm-200mm of guttering only.
However biggest concern for me is if we ever sold the house, what impact would it have?
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