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

Silver-Surfer_2

33ms16lj wrote: »

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?

So you had notice two years ago when they obtained planning permission.

Are they building up to the boundary or onto your property? If not then why do you expect to have a party wall agreement?

33ms16lj

party wall notice is a separate one to planning permission I am aware. It is only relevant in my situation if they are excavating deeper than the foundation of the structure or building that is less than 3 meters away. The agreement set out responsibilities under the act and remedies damages and perhaps more serious ones such damage to foundations and structure of main house. This could be intentional or not intentional, overall, the process of giving notice is responsibilities of the owner building, options for us adjoining owners can be very limited.

33ms16lj

What they are building is different to that on planning permission, may be with additional permitted development, no drawings were submitted to building control , and work commenced without knowledge of plannings department who are not concerned about builders digging because that is not building. In conclusion, no one knows what they are really building, even themselves don't know what the final outcomes are because there may be more applications in the pipeline.

Silver-Surfer_2

How far are they digging from your house?

33ms16lj

they are digging around 2 m from the edge of the external wall of our house with a manhole drainage just in between this wall and the garden fence wall which is around 1 meter away from their dig site. Their ground level is around 40cm higher than us.

Doozergirl

You're not going to get an injunction. When the concrete is poured, any PWA is done and dusted when the building isn't on the party wall. No way will you have time.

I think the best thing is to talk sensibly to the neighbours about your concerns.

You'll have to speak to the builders about fixing your wall and building control/water company about their application if it hasn't been made.

33ms16lj

Can Party Wall Act be used even after pouring of concrete if there are damages or it will be ignored completely from then and solutions will be under common law only? Is there a time frame for this?

theGrinch

any building notice served? have you actually spoken with your neighbour or consulted a structural engineer?

Enterprise_1701C

It sounds to me like a quick word with the neighbour would help here, they may not even know your wall has been damaged. Have you even tried to speak to them?

cyclonebri1

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?

If what you state there is accurate you have every reason to be both concerned and to act. It is an infringement under the PWA.

The bit;
"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."

That's really their concern or rather it should be for the building inspector. It would not be passed as insufficiently below freeze level

The 45 degree issue raises it's head here which according to your description applies.