Neighbours construction has caused damage to garage foundations

bono8

I will try and keep the problem brief and concise!

My parents neighbour are having some construction work carried out on their property. Construction work includes a rear extension, loft conversion and outbuilding at end of the rear garden.
The outbuilding is going to reside next to my parents rear garage.

My dad has informed me that the excavation that had been made for the outbuilding foundation was very deep and very close to the garage wall. The excavation dug for the outbuilding foundations is much lower than the foundations of my parents garage. The deep excavation dug for the outbuildings foundations revealed how much higher my parents garage foundations were.
When the mechanical digger made this excavation, foundation material from the side and underneath of my parents garage was falling into the excavation made for the outbuilding foundations.
My father asked both the construction company working for my neighbour and the neighbour himself to address this problem as this would stop any movement or subsidence of the garage on that side.

They construction company advised that this had been addressed and now they have already filled in their excavation with concrete an started building the wall along side my parents garage wall.

Deep cracks have now appeared on the floor inside the garage along the side of the garage wall. So it looks like nothing was done to address the problem.

Please advise what I should do.
My parents are in their eighties and shouldn't have to deal with this problem.

Thank you.

Furts

You need to establish a couple of background points. Was the Party Wall Act discussed before work began? Did the foundations receive an inspection by a Building Inspector? What was done at the time - if anything - to prevent this situation occurring?

It sounds like your parents garage should have been underpinned before the new foundation was concreted. Rectifying now is, in practical terms, impossible without removing the garage slab.

Localised repairs to the garage slab is the simplest solution, but cracking and settlement will probably be ongoing.

I suggest contacting your parents home insurance company and getting them to sort out matters. You could try the neighbour, but I doubt they will accept responsibility, and if they do, you need professional help to make sure the work is not bodged for a second time.

bono8

I have seen a Party Wall Act paper which the neighbours have signed at bottom but I cannot see my parents signature at bottom. Maybe my parents signed a copy which their neighbours took but not their own copy.

The inspections are being done by a private company. Due to the fact that the outbuilding is under 30 squared metres and will not be inhabitable there is no inspection needed, included foundations!

My parents insurance company does not cover the garage.

missile

Do not understand why garage is not covered by parents insurance?

Your parents need to make a claim on neighbours insurance. If you cannot do this via parents insurance, or by speaking to neighbour, they may need to consult a solicitor.

Furts

bono8 wrote: »

I have seen a Party Wall Act paper which the neighbours have signed at bottom but I cannot see my parents signature at bottom. Maybe my parents signed a copy which their neighbours took but not their own copy.

The inspections are being done by a private company. Due to the fact that the outbuilding is under 30 squared metres and will not be inhabitable there is no inspection needed, included foundations!

My parents insurance company does not cover the garage.

The under 30 square metre has existed for a few generations, but had clauses attached. If the building was deemed combustible the regulations applied. If the building was within one metre of a boundary the regulations applied. IIRR people challenged this and it became vague. Check out the current situation because you may be in luck here. If so, going after the neighbour might be easier if the Inspector can be deemed negligent.

Your parents insurance may have legal advice tacked onto their home insurance policy, or they may be members of the Co Op, they may be ex union members. These are suggestions if you follow a low cost legal battle.

Being pragmatic, it might be easier to patch the garage floor slab then stop worrying. This is well within a DIY scope because the finish and detailing is not vital - it is only a garage after all.

The_Shadow

As i understand it there is the 25 deg slope rule that no excavations should take place within the 25deg slope of an existing building because of the posibillty of underming foundations.