Damage caused during house extension

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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?.

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Thanks ozzuk I will do some homework on party wall agreement

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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?

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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.

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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

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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.

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GT6k said:

Once his extension is done you may find you cannot get planning permission as I seem to remember that my council will not allow extensions that convert semis into terraces.

My house has a single story extension built with a common cavity wall to a similar extension next door. Other neighbors have separate walls and the loss of width in their extensions is very noticeable.

This is something that worried me, is it best I submit planning application for the same ?.

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The Surveyor said:

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.

As mentioned by GT6k that the council may refuse me planning permission once my neighbour completes his extension as it will turn the property from semi to terrace, can I get my neighbour to leave a gap between my current extension wall and his new extension wall?.

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The Surveyor said:

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.

Hi all,

Just a quick update and further advice needed, my neighbour has arranged for a builder to start the works but has advised she prefers not to have me appoint a surveyor due to costs but is willing to draw an agreement confirming she would pay in the event of damage caused to my property by her builder.

If I was to have the neighbours builder make the new shared party wall would I need planning permission if was to do a double story extension in the future? or do I need planning permission before its done.

Also can anyone show me an example of how my shred party wall will look like if I was to go ahead now.

Could I still appoint party wall surveyor even if I was to agree to have a new shared wall built>

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Unfortunately my neighbour has gone ahead with her building work and not served me any party wall notice and from speaking to her builddr they don't on plan on serving me the notice.

They have already laid their foundations.

I have decided not to have an extension done.

My property has now been damaged and I advised my neighbour and her builders of the damage, the builders agreed to rebuild my damaged wall once they put the concrete foundations in but have now changed their mind and said they will fill in the cracks.

Also one of the internal doors is not closing and the rear exit door to the garden is not opening due to my wall shifting down.

The builders are saying because my wall has not got proper foundations this is the reason why it is shifting, I've tried to explain to them when they dug the ground right next to my wall this caused the soil under my wall to move and thus causing cracking to my property but they don't want to know now.

I've spoke to a third party wall surveyor and he suggests taking out an injuction to stop any further works and then maybe the neighbour may serve the third party wall notices and if she does then to instruct him to act on my behalf.

I'm just after advice on what my best options are.

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I've tried uploading the photos I've taken but they're to big but they show various cracks internally on my concrete blocks and on the outside too.

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steve2 said:

Did you write to your neighbour as advised ?

I spoke in person to the building owner and builder who assured me they would put right any damage done and the neighbour went further to advise she would pay for the repairs herself if her builder refused to deal.

The building manager is away from the UK and his workers have said to speak to him on his return and if he tells them to rebuild the wall then that's what they will do.

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This one shows they nailed the wooden panel into my wall

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They have not filled my side of hole with anything and left it as you can see.

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they've left their post in place

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