urgent: neighbour damaged our garden wall from excavation for their extension

33ms16lj

Neighbour is building new extension which we were not informed prior to commencing work. Our garden wall is less than 1.5m from excavation, our house within 3m. We have not received the notice under Party Wall Etc Act 1996 . I assume this may be due to the fact that the Act is not applicable if they don't dig beneath our foundations being reassured that they are 50cm higher in ground level to us. However, there is also this concern that their foundation level is not deeper than our garden wall, which stands 65cm to 1 m to ground level on our side.

I am a little puzzled as to how this garden wall (foundation can't be deep) will be able to provide support if any for a 2 storey extension that has its foundation set on a downward gradient road and build on soil base grounds. There is also manhole with drains etc within 2m of excavation site, no concerns raised by anybody professional regarding health and safety, sewer etc yet? Am I just a little confused on something totally irrelevant? I have already lost a few bricks from their excavation alone, and this is just the beginning.

Any experts out there please?

wealdroam

33ms16lj wrote: »

Neighbour is building new extension which we were not informed prior to commencing work. Our garden wall is less than 1.5m from excavation, our house within 3m. We have not received the notice under Party Wall Etc Act 1996 . I assume this may be due to the fact that the Act is not applicable if they don't dig beneath our foundations being reassured that they are 50cm higher in ground level to us. However, there is also this concern that their foundation level is not deeper than our garden wall, which stands 65cm to 1 m to ground level on our side.

I am a little puzzled as to how this garden wall (foundation can't be deep) will be able to provide support if any for a 2 storey extension that has its foundation set on a downward gradient road and build on soil base grounds. There is also manhole with drains etc within 2m of excavation site, no concerns raised by anybody professional regarding health and safety, sewer etc yet? Am I just a little confused on something totally irrelevant? I have already lost a few bricks from their excavation alone, and this is just the beginning.

Any experts out there please?

"lost a few bricks" - what does that mean?

Can you perhaps show us a picture of the damage that your wall has suffered?

Silver-Surfer_2

Why he you put urgent in the title, have they only just started work this afternoon?

rosie383

Don't worry about the sewer. They will be contacted soon enough by the relevant water authority if they haven't already applied for a build over agreement.
We told our neighbours we would be building an extension but did not have any need to discuss build over agreements with them. And if they are 2m away I doubt they would need a party wall agreement either.

Silver-Surfer_2

rosie383 wrote: »

Don't worry about the sewer. They will be contacted soon enough by the relevant water authority if they haven't already applied for a build over agreement.
We told our neighbours we would be building an extension but did not have any need to discuss build over agreements with them. And if they are 2m away I doubt they would need a party wall agreement either.

Who will find out how? They probable haven't got a clue where once private drains are. They may even still be private if the neighbour is first on the run and no build over will be needed.

rosie383

We were contacted by the water authority who had been informed by the council that we were building an extension.
I gathered from the architect that it was routine if prior approval or planning permission were sought. May vary between councils though.
And even if the drains are on the neighbouring property, you have to apply for a build over agreement if you are building within 3m of a public sewer. The OP stated that it is within 2m, hence my comment above.

kazwookie

33ms16lj wrote: »

Neighbour is building new extension which we were not informed prior to commencing work.



I have already lost a few bricks from their excavation alone, and this is just the beginning.

Any experts out there please?

Surely they had to apply for planning permission? so you had a chance to find out, via local newspaper / a planning notice tied around the perimeter of the property. Have you knocked on their door and asked to discuss what / how they are doing.

What are a few bricks? I suggest you take dated / timed photos so you have evidence if you think this is gonig to be a problem.
Is there a path or drive way between the 2 properties? if so can you 'fence' off your 'bit' so your bricks stay intact?

Silver-Surfer_2

rosie383 wrote: »

We were contacted by the water authority who had been informed by the council that we were building an extension.
I gathered from the architect that it was routine if prior approval or planning permission were sought. May vary between councils though.
And even if the drains are on the neighbouring property, you have to apply for a build over agreement if you are building within 3m of a public sewer. The OP stated that it is within 2m, hence my comment above.

If the neighbour is the first on the run its not a public sewer until it hits the neighbours property. So they can be within two metres on their own property. My water authority hadn't a clue where their inherited sewers were.

Silver-Surfer_2

kazwookie wrote: »

Surely they had to apply for planning permission? so you had a chance to find out, via local newspaper / a planning notice tied around the perimeter of the property. Have you knocked on their door and asked to discuss what / how they are doing.

What are a few bricks? I suggest you take dated / timed photos so you have evidence if you think this is gonig to be a problem.
Is there a path or drive way between the 2 properties? if so can you 'fence' off your 'bit' so your bricks stay intact?

Not if they're building it under permitted development.

rosie383

Under permitted development surely part of that is prior approval which involves consultation with the neighbours. Certainly that's what we did a few months back.

33ms16lj

we have received no info prior to neighbour starting work, only discovered it when other parts of their building were knocked down. Their planning permission was granted 2 years ago, previous ones never actioned on. We have writen to inform them of Party Wall etc Act 1996, they carried on digging, infact , deeper than before. It looks like they are going to put concrete in any seconds now. We have no notice yet being adjoining owners , if they had already damage our garden wall, then surely no care will be taken if our main house will be affected, which just over 2.5m away from excavation. I am just undecided if an injunction is necessary to resolve the matter given they have no party wall surveyor for me to contact. I am no expert, could I assume from your comments that my drainage will not be a risk even if they are around 1.2m from the digging site, and I was over cautious?