Damage caused by new neighbour's building work

jem16

The house next door to my parents ( semi detached house ) was sold and the new owner has decided to do an extension at the back. Planning permission was granted and building work began.

Unfortunately when doing part of the building work, damage was caused to one of the adjoining bedrooms where a section of plaster (under wallpaper ) has been knocked off. It looks like one of the bricks has been pushed further through onto my parents' side of the wall causing the lathe and plaster to come off. It was immediately notified to the builder doing the work - and later the actual owner who was not present at the time.

However two months on this still has not been rectified and my Mum is increasingly annoyed and anxious about it. She has spoken to the neighbour again on a couple of occasions at least with the last time him saying he would get the plasterer to come in but this did not happen. My Mum spoke to the plasterer who knew nothing about it but then it wasn't the plasterer who caused the damage anyway.

There is also a section of guttering on my parents' kitchen roof which does not appear to be correctly replaced either. This is where the 2 properties joined at an outside cellar which they have removed on their side.

They don't particularly want to fall out with new neighbours but really want this fixed now. They are both in their 80s and Mum is getting quite stressed out about it all now. I've told her to leave a note for the neighbour ( as he's not living there yet ) to say she wants to speak to him about this. Then to tell him she wants it all fixed now as she feels she has been quite fair giving him this long - at one point the neighbour did suggest that they wait until building work was all finished and get any issues dealt with at the one time. However work seems to have stalled a bit on his side and he seems to be having issues with workmen.

Basically if the chat doesn't happen or doesn't get anywhere what is their next step? Can they claim for the damage on their House Insurance citing neighbour or can they ask for the neighbour's insurance details and claim on that - provided they can actually speak to him.

House is in Scotland by the way if it makes a difference.

Cisco001

No idea, but did your mum speak to her own insurance to seek for advice?

pollypenny

I'm sure this would come under the Party Wall Act if in England or Wales.

I would write a polite, but formal letter to them, giving them a time limit to make proper repairs before you consult a solicitor.

jem16

Cisco001 wrote: »

No idea, but did your mum speak to her own insurance to seek for advice?

Not as yet.

jem16

pollypenny wrote: »

I would write a polite, but formal letter to them, giving them a time limit to make proper repairs before you consult a solicitor.

Yes I think that would be a good idea.

A neighbour has suggested contacting the Planning Department who would send someone down to look. Personally I cannot see that happening but is it possible?

konark

Have your neighbours paid the builder who caused the problem for his work without him rectifying the plaster? If so your chances of seeing him again are zero. Lewis Hamilton couldn't accelerate away as fast as a builder's truck once they've been paid!

Doozergirl

jem16 wrote: »

Yes I think that would be a good idea.

A neighbour has suggested contacting the Planning Department who would send someone down to look. Personally I cannot see that happening but is it possible?

It has nothing to do with the Planning department. It doesn't have anything to do with building control either, unfortunately. No point in calling the council at all.

I suggest you write formally to the neighbour, explain actually that you don't want to fall out before they move in, but that they are responsible for rectifying the damage caused by their builder and you've given them plenty of time so would appreciate it if they could sort it out in the name of being a good neighbour.

There was a Party Wall Act issue, but if the extension is built it isn't retrospective.

Doozergirl

konark wrote: »

Have your neighbours paid the builder who caused the problem for his work without him rectifying the plaster? If so your chances of seeing him again are zero. Lewis Hamilton couldn't accelerate away as fast as a builder's truck once they've been paid!

People on this forum are nice to each other. Considering that some of the most valuable advice on this board comes from hard working people in the trades, your comment is not only unfair, but particularly unwelcome.

Davesnave

jem16 wrote: »

House is in Scotland by the way if it makes a difference.

It does, and thanks for being sharp enough to tell people this, even if they didn't take it on board.

Party wall legislation doesn't apply in Scotland, but as Doozer says, it can't be retrospective anyway.

It's probably something your Mum's insurers could advise on and chase, as they have an interest, but hopefully it won't come to that.

jem16

Davesnave wrote: »

It does, and thanks for being sharp enough to tell people this, even if they didn't take it on board.

Party wall legislation doesn't apply in Scotland, but as Doozer says, it can't be retrospective anyway.

Yes I had found out that it doesn't apply in Scotland. All notification to neighbours is done at the planning stage by the local council. I assume this is why the neighbour said to contact the council planning department.

It's probably something your Mum's insurers could advise on and chase, as they have an interest, but hopefully it won't come to that.

I have told my Mum that she really needs to give the neighbour a specific date to have this fixed by and give him that chance. Meanwhile we'll try to find out the best course of action after that by speaking to the council, CAB and insurers.

jem16

Doozergirl wrote: »

but if the extension is built it isn't retrospective.

Work is still ongoing at the moment.