Damage caused during house extension

[Crispynotes]

My neighbour has decided to extend his property (2 story extension) and I have had notification from his surveyor in writing that our current joining single story extension will be affected, our houses are connected by a single wall breeze block extension, when the neighbour carries out his work he will dig his foundation deeper than my single story extension.

My question is if my property was to get damaged during these works who would be responsible for putting the damage right?.

I have advised him that it is better for him and me if he was to leave a gap big enough for me and him to carry out any works in the future but he has declined, I will be doing a similar extension in the next few years and it could end something like this http://www.birminghammail.co.uk/news/midlands-news...

Is there anything I can do that will require him to leave a gap big enough for us to both maintain our houses?.

[ozzuk]

Sounds like your neighbour will certainly need a party wall agreement, you'll both appoint surveyors, they check the work before/after and I believe your neighbour will have to fix and related damage that happens to your property.

I believe that is the process anyway, not had to do one myself yet.

Just to add, he has to pay your surveyor fees. You might want to keep him sweet though if you are planning to do the same in the future...

[Crispynotes]

Thanks ozzuk I will do some homework on party wall agreement

[Vaud]

ozzuk said:

Sounds like your neighbour will certainly need a party wall agreement, you'll both appoint surveyors, they check the work before/after and I believe your neighbour will have to fix and related damage that happens to your property.

And your neighbour will probably offer to "just use his surveyor, etc"... be firm, it should be an independent surveyor and he has to pay, IIRC.

[vonhosen]

Yep, you don't have to use his surveyor, you can insist on your own. He has the option to use the surveyor you suggest (it saves him paying two lots of fees & there'll be no disagreements between surveyors for him to deal with) & he would be liable for damage costs due to his building works.
He would have to pay all the surveyors costs.

Of course he can insist the same when you build your extension, so factor it into your costs.

[Crispynotes]

If I instruct my own party wall surveyor do I have to pay upfront and recover the costs or does my party wall surveyor bill the neighbour directly?

[Hungry Pigeon]

Just a thought, but it might save future hassles if you were to consider getting your neighbour to replace the existing single skin wall with a double height cavity party wall that you can build off later when you do your own extension. Digging foundations are often one of the most expensive parts of a build, so you may well save costs if you split them with your neighbour. You could also do away with a party wall agreement as you'd both be doing party wall works at the same time.

[Vaud]

Hungry Pigeon said:

Just a thought, but it might save future hassles if you were to consider getting your neighbour to replace the existing single skin wall with a double height cavity party wall that you can build off later when you do your own extension. Digging foundations are often one of the most expensive parts of a build, so you may well save costs if you split them with your neighbour. You could also do away with a party wall agreement as you'd both be doing party wall works at the same time.

Does it? I would have thought you would want independent surveyor in either case?

[Pickled Piper]

Crispynotes said:

If I instruct my own party wall surveyor do I have to pay upfront and recover the costs or does my party wall surveyor bill the neighbour directly?

No problem. You can pre-empt by appointing your own Surveyor. He will write to your neighbour asking for the Party Wall Notice. This will not cost you anything.

Don't assume your neighbour will automatically issue a Party Wall Notice. Some people sneakily try and carry out the work without one. Appointing your own Surveyor and having him write to your neighbour will force the issue and not allow your neighbour to claim ignorance.

As others have stated, the Party Wall Agreement will cover any damage to your property, working hours, access to your property for the works etc.

[Pickled Piper]

With regard to building up to your property, it really depends on your local Planning Department. You can object on the basis of overshadowing etc. Others can advise in more detail.

[Fish]

It is common to try to avoid using the full party wall act process as you end up paying for two surveyors to argue then visit again to confirm no damage.

If there is damage you are liable anyway.. Alot of people therefore go ahead and if there is damage fix it to avoid all the fees.

[Mandat]

Crispynotes said:

My neighbour has decided to extend his property (2 story extension) and I have had notification from his surveyor in writing that our current joining single story extension will be affected, our houses are connected by a single wall breeze block extension, when the neighbour carries out his work he will dig his foundation deeper than my single story extension.

My question is if my property was to get damaged during these works who would be responsible for putting the damage right?.

I have advised him that it is better for him and me if he was to leave a gap big enough for me and him to carry out any works in the future but he has declined, I will be doing a similar extension in the next few years and it could end something like this http://www.birminghammail.co.uk/news/midlands-news...

Is there anything I can do that will require him to leave a gap big enough for us to both maintain our houses?.

Can you clarify what is the existing arrangement of your two properties.

You say that the houses are connected by a single breeze block wall, which would make it a party wall, but then you say that he will be digging for new independent foundations.

What is the neighbour proposing to do with this (assumed) party wall, and will it be incorporated into his new extension?

To be able to give you the in's and out's of the Party Wall process, I need to better understand the scope and extent of the proposed works.

[Crispynotes]

Mandat said:

Can you clarify what is the existing arrangement of your two properties.

You say that the houses are connected by a single breeze block wall, which would make it a party wall, but then you say that he will be digging for new independent foundations.

What is the neighbour proposing to do with this (assumed) party wall, and will it be incorporated into his new extension?

To be able to give you the in's and out's of the Party Wall process, I need to better understand the scope and extent of the proposed works.

[Crispynotes]

Both properties are connected by the current existing extension only, the neighbour will be knocking his side down and leaving the breeze block wall intact, he said he will be digging up his side and putting in new foundations along side the breeze block wall.

I will be adding another photo which shows the same extension he is planning on doing.

I've drawn a red line to show how my neighbour is going to extend the property, my house being on the right, the

[Crispynotes]

[Mandat]

Crispynotes said:

Both properties are connected by the current existing extension only, the neighbour will be knocking his side down and leaving the breeze block wall intact, he said he will be digging up his side and putting in new foundations along side the breeze block wall.

I will be adding another photo which shows the same extension he is planning on doing.

I've drawn a red line to show how my neighbour is going to extend the property, my house being on the right, the

That looks fairly straightforward from a construction point of view.

I think that the best resolution would be for the neighbour to raise up the existing party wall, as this would maximise his internal floor area, and would also allow you to enclose upon it in the future when you build your own similar extension. This also has the added benefit to you both, that you would both be sharing the costs of the foundations and wall construction of the party wall element, as building one wall and foundation will be cheaper than building two separate walls and foundations.

One thing to be aware of is the eaves guttering detail. The overhang of the guttering on the new extension will pose a challenge to your own guttering design, and it would be a better option all round to raise the party wall into a parapet wall, with each of you having your own box gutter on either side.

The party wall process is the best time to raise these points, so that the reasonable designs changes can be incorporated into the neighbours build plans.

Also, have you actually spoken with your neighbor on these points, as it will be a lot easier and cheaper to deal with them at the design stage, rather than having to make alterations to your neighbour's extension to suit your own extension plans, after their build has been completed.

[Crispynotes]

Mandat said:

That looks fairly straightforward from a construction point of view.

I think that the best resolution would be for the neighbour to raise up the existing party wall, as this would maximise his internal floor area, and would also allow you to enclose upon it in the future when you build your own similar extension. This also has the added benefit to you both, that you would both be sharing the costs of the foundations and wall construction of the party wall element, as building one wall and foundation will be cheaper than building two separate walls and foundations.

One thing to be aware of is the eaves guttering detail. The overhang of the guttering on the new extension will pose a challenge to your own guttering design, and it would be a better option all round to raise the party wall into a parapet wall, with each of you having your own box gutter on either side.

The party wall process is the best time to raise these points, so that the reasonable designs changes can be incorporated into the neighbours build plans.

Also, have you actually spoken with your neighbor on these points, as it will be a lot easier and cheaper to deal with them at the design stage, rather than having to make alterations to your neighbour's extension to suit your own extension plans, after their build has been completed.

Thanks Mandat for your advice, I will speak to him when I see him next as he does not live in the property.

[jet_noise]

Planning permission and party wall acts are two different things. They also may not do what you think.
As long as your neighbour's extension complies with planning rules (common sense issues such as does guttering overhang a boundary or will longer term damage accrue may be irrelevant to such rules) the party wall act allows it to be built (but takes into consideration some methods and disputes).
While there is a requirement for the party wall act to be followed I don't believe there is actually any body that enforces its use. IIRC your neighbour will pay for both surveys so you do not need to be out of pocket. He will be responsible for direct damage although getting that fixed might be painful.

All IMHO & IIRC from when I used it some years ago. IANAS (I am not a surveyor, although there is a PHer by that name who sometimes offers advice),

regards,
Jet

[The Surveyor]

jet_noise said:

.....
While there is a requirement for the party wall act to be followed I don't believe there is actually any body that enforces its use. IIRC your neighbour will pay for both surveys so you do not need to be out of pocket. He will be responsible for direct damage although getting that fixed might be painful.
.....

Suggestion above about agreeing with your neighbour to build a new shared party wall is sensible if you are planning on doing the same in the future.

Also, whilst the Party Wall Act applies, there is no automatic requirement to follow the detailed (and expensive) procedure. If the scope of works is straight forward, and if both parties agree to the timescales, scope, and other applicable factors, an agreement can be made by a simple exchange of letters. Thus saving them fees which can be factored in when agreeing the split of the costs.

If you have any concerns that they won't abide to the agreement, follow the full scope of the Party Wall Act and push for your own surveyor especially if you have any doubts over their surveyors impartiality. Don't let them start without getting an agreement, and if they do there is guidance on injunctions in the Act.

[ozzuk]

I'll echo Mandats comments - in the example you've shown the guttering certainly looks like it goes over the boundary, so if the neighbour wanted to do the same they may be forced to build inside and have less room. Also need to be careful about 'terracing' - it doesn't look too bad at the moment with single story linked, but 2 story extensions joining?