Damage through our neighbours loftconversion.

JeVi2012

Our neighbour has undertaken work in his loft which has placed an additional load on the joists causing damage to our property. At the moment our property is not unsafe but is likely to become unsafe if it is not addressed and repaired.

We do not have a relationship with our neighbour and consequently have had no dialogue with him (we are still owed money from previous DIY that was undertaken).

The local council do not seem to feel they have a role to play, but have reluctantly agreed to letter the owner to inspect the neighbouring property. Apparently they cannot force the issue if he does not agree to have it inspected.

The issue is not covered by our buildings insurance. Can you advise of what our rights are and suggest how it might be resolved without incurring substantial expense on our part? It would appear that the only way forward is solicitors and court- is this the case?

Thanks in advance for your help.

egoode

I thought Party Wall Agreements were required when people do loft conversions?

Pandilex

Strange the council won't get involved, if they don't have building regulations then the council should be all up in their grill. If they do, then why has it damaged your wall?

Does your contents insurance come with legal cover? If so, I'd give them a ring and ask to talk to a solicitor, it's what the legal cover is for!

ukmike

it would be a bizarre house where joists cross a party wall

They do in my house.

JeVi2012

The house is a top floor flat in a tenement block of 4, the attic space covers the whole block. The neighbouring flat have done work / a loft conversion in their part of the loft and did put up a parting wall of sorts.
We are not on speaking terms with the neighbours ( we don't live their, we are renting it out ) after complains from the tenant that the ceiling had partly collapsed we got a structural engineer to do a report and the outcome of that was that it's due to work in the loft next door. There is no party wall agreement and we weren't aware of work being done in the loft at the time.
It looks like we have to pay for the repairs and survey since our insurance say it's not something they cover, and we don't have contents insurance on that flat since we don't live there.
We just wandered if anybody else knows if there is any thing else we can do ?

davidmcn

JeVi2012 wrote: »

We are not on speaking terms with the neighbours

But have you not at least told them that you want them to sort the problem?

PasturesNew

Other angles:
Do they own the loft space? Most/many flats don't.
Does the freeholder know?
Is the "wall of sorts" a firewall?

Horseunderwater

Who owns the Freehold for the 4 flats? It is more than likely that they own the attic space too! If so has this neighbour got permission to convert something he does not own? If not then the attic owner would need to sort it. Meanwhile you need to claim off building insurance to get structural damage taken care of. Then send the bill to next door for reimbursement. No easy end to this one.

eddddy

JeVi2012 wrote: »

The house is a top floor flat in a tenement block of 4, the attic space covers the whole block. The neighbouring flat have done work / a loft conversion in their part of the loft and did put up a parting wall of sorts.
We are not on speaking terms with the neighbours ( we don't live their, we are renting it out ) after complains from the tenant that the ceiling had partly collapsed we got a structural engineer to do a report and the outcome of that was that it's due to work in the loft next door. There is no party wall agreement and we weren't aware of work being done in the loft at the time.
It looks like we have to pay for the repairs and survey since our insurance say it's not something they cover, and we don't have contents insurance on that flat since we don't live there.
We just wandered if anybody else knows if there is any thing else we can do ?

If the structural engineer's report says your neighbour's building work damaged your ceiling, your neighbours have almost certainly been negligent.

So you should contact them to claim damages (i.e. the cost of repairs) as a result of their negligence.

If they refuse to pay, you might decide to take them to court.

They might decide to fight the claim, by getting their own structural enginer's report etc.


Or they may claim that it's their builder who was negligent... in which case, you still have to claim from your neighbours, and they have to claim from their builders.

rpc

JeVi2012 wrote: »

The house is a top floor flat in a tenement block of 4, the attic space covers the whole block.

Is this Scotland? If so, that changes things a little as there will be no freeholder (and probably no factor in a block of 4).

If the neighbour isn't cooperative, you can either sue them to do the work themselves or sue them for your losses.

Do you have legal cover on your buildings insurance?

G_M

Why did your Party Wall surveyor not manage this issue as the work progressed? That's what the Party Wall Act was put there for.

Or does it perhaps not apply in Scotland?