Nuisance Construction Party Wall - Anything I can do ?
Discussion
The neighbours are carrying out a loft conversion on the other half of our three bed semi. We went through our own surveyors to set up a Party Wall Agreement.
Prior to this they were burning all their construction waste in the garden every day for two weeks.
The works started at the beginning of this month, so far they have breached the PWA in the following ways-
Worked till 16:00 on the first Saturday
The scaffold goes over the boundary (1 or 2 ft)
There is no tin roof or equivalent
There is no impermeable membrane round the scaffold ( they did put some old carpet on the last 6ft at the boundary)
They have left the ladder at the front of the scaffold up ( minor but breaches a security of home clause)
They have been brushing dust and sawdust off the top of the scaffold towards the cars in our drive ( clause about excess dust etc.)
The builder and the owners mum ( the owner I believe bought the property in a company ) are keep telling me they have done this before and they will look after me.
Other things of note they have damaged my car, said they would sort, I haven’t chased. They also took out a brick on my side of the wall in the loft which they have said they will sort.
Is there anything I can do ? Council nuisance ? Police ? Legal action ?
The whole thing is consuming me and I worry what comes next from them.
Oh and if you want a laugh the owner works for the environment agency and tried to ensure me the burning of trade waste was ok
Prior to this they were burning all their construction waste in the garden every day for two weeks.
The works started at the beginning of this month, so far they have breached the PWA in the following ways-
Worked till 16:00 on the first Saturday
The scaffold goes over the boundary (1 or 2 ft)
There is no tin roof or equivalent
There is no impermeable membrane round the scaffold ( they did put some old carpet on the last 6ft at the boundary)
They have left the ladder at the front of the scaffold up ( minor but breaches a security of home clause)
They have been brushing dust and sawdust off the top of the scaffold towards the cars in our drive ( clause about excess dust etc.)
The builder and the owners mum ( the owner I believe bought the property in a company ) are keep telling me they have done this before and they will look after me.
Other things of note they have damaged my car, said they would sort, I haven’t chased. They also took out a brick on my side of the wall in the loft which they have said they will sort.
Is there anything I can do ? Council nuisance ? Police ? Legal action ?
The whole thing is consuming me and I worry what comes next from them.
Oh and if you want a laugh the owner works for the environment agency and tried to ensure me the burning of trade waste was ok
mattdavies said:
Prior to this they were burning all their construction waste in the garden every day for two weeks.
With hindsight, you should've been making a fuss about this with your local council after day one. It seems like they've been taking liberties ever since.Who drew up the party wall agreement? Was a solicitor involved, or just the surveyor?
C69 said:
With hindsight, you should've been making a fuss about this with your local council after day one. It seems like they've been taking liberties ever since.
Who drew up the party wall agreement? Was a solicitor involved, or just the surveyor?
It was just the surveyor who drew it up. Who drew up the party wall agreement? Was a solicitor involved, or just the surveyor?
Yeh hindsight is a wonderful thing.
As a first step, I'd ask the surveyor how the various clauses of the agreement can be enforced - they probably have experience of how breaches are addressed. The council's building control department might need to get involved.
In the meantime, document and photograph any damages that need rectification (in case your delightful neighbours don't "look after you"). Have you got legal cover on your home insurance?
In the meantime, document and photograph any damages that need rectification (in case your delightful neighbours don't "look after you"). Have you got legal cover on your home insurance?
C69 said:
In the meantime, document and photograph any damages that need rectification (in case your delightful neighbours don't "look after you"). Have you got legal cover on your home insurance?
When the tin roof didnt go on this was the surveyors response - "I have written to the Building Owners surveyor and await their reply.
You can take action through the courts to ask for the award to be adhered to but we have no legal power of enforcement. I hope that they will respond positively to my email."
I do have family legal cover on my home insurance, they have a help line so may give that a ring and see what they have to say.
I have been taking pictures and videos of all of this, and I have formalised all relevant conversations with backing it up with a text.
mattdavies said:
C69 said:
With hindsight, you should've been making a fuss about this with your local council after day one. It seems like they've been taking liberties ever since.
Who drew up the party wall agreement? Was a solicitor involved, or just the surveyor?
It was just the surveyor who drew it up. Who drew up the party wall agreement? Was a solicitor involved, or just the surveyor?
Yeh hindsight is a wonderful thing.
Im a firm believer of nipping stuff right in the bud with bad behaviour etc.
From what you've written you seem to be a bit passive
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