Party wall help

Benjeh87

Hi everyone,
First time poster here so I hope I have posted on the correct forum.

Anyway, I am currently in the middle of a party wall dispute with a developer who has bought a building with land next door.

My house is a semi detached property situated in the center of town. I have a lean-to/extension that goes right to the edge of my boundary/party wall which is a brick wall with a concrete Base and a glass roof.

A developer has purchased a building next door and has been given planning permission to demolish part of the building and rebuild a 2 bedroom house and convert the existing shop into another 2 bedroom house. I did not appeal the plans as it looked like it was a good development idea

However, a couple of weeks ago I came home to find that they had dug strip foundations 1 meter away from my extension/boundary. A bit confused I went back to the original plans and noticed the two bedroom house boundary was going to be exactly 1 meter away from my property which seemed very intrusive.

So after trying to get the contact information for the owner from the on site workers turned into more of an argument than a conversation I spent over two weeks trying to get contact information so I could express my concerns to the developer. I rang the planning office whom told me to ring building control whom once again told me to ring planning again, eventually I got the contact information of the developers agent (a local architect) that refused for over a week to address my concerns without consent of his client but also would not give me his clients contact information :cool:

I then took it upon myself to get in contact with the Faculty of Party Wall Surveyors whom confirmed that the developer has contravened two parts of the Party Wall Act and advised me to seek a County Court Injunction to stop them from working.

So I emailed the architect to discuss my concerns and he just emailed me back the clients contact details :j I anxiously emailed the developer and not that I'm surprised but he was nothing but dismissive and told me our boundary isn't a party wall and that his foundations would not be deeper than my extensions if my foundations were up to regulation so he doesn't see the need for a survey to be undertaken. I did then explain my extension was built in the 50s and likely doesn't meet current legislation which I am still awaiting a response.

Now, I'm a self employed worker and don't particularly feel it fair to stop other workers from making a living considering its not their fault. However they are still building and the developer is in no rush to reply.

So here I am asking for advice. I hate being in this position and find myself extremely stressed.

To sum up - what should be my next call? The Faculty of Party Wall Surveyors have told me I should get an Injunction but obviously I don't wish to be disruptive if there isn't a call to be. The developer believes it's not a party wall or is being dismissive to avoid having to pay for a party wall survey. And obviously there is the issue of paying for the Injunction.

If anyone could give me sound advice I would appreciate it as this is really difficult to handle

Chanes

I thought under the party wall act you were entitled to engage your own surveyor to the cost of whoever was doing the work?

Benjeh87

From what I gather, the developer should employ a party wall surveyor that is to act impartial and give advice to both parties but I guess I can't get that to happen without their permission.

I am at the point where I may get in contact with a surveyor to conduct a survey on my behalf but they cost anything from £150- £200 per hour and I think additional fees for a report.

We're first time buyers and worked extremely hard to get a deposit on our house and don't want it damaged or devalued by some rich developers :mad:

teneighty

If the foundation trench was dug a couple of weeks ago I assume it has been concreted by now so too late for an injunction and too late for a party wall award.

I assume you took photos of the foundation trench as proof of depth and position so you can write to the developer and put them on notice that as they proceeded in breach of the Party Wall Act you will hold them responsible for all subsequent damage to your property.

Now any cracks or damage you notice are down to them, as they acted in breach of the act they are on a very sticky wicket and a court would more than likely find in your favour.

Very silly developer.

Benjeh87

Hi teneighty and thanks for your reply.

Unfortunately I did not think to take any photos of the foundation depth but I'm guessing if they're regulations depth then that information would be sufficient?

Also, are you saying there is nothing I can do at this point to get them to alter their build? If so it seems they have won as I guess the likelihood of subsidence is quite low (or at least I hope it is). But I did have several other issues with the build.

As mentioned my conservatory (built probably before I was born) has a glass roof and allows in all of the natural light my kitchen gets if that makes any sense. I am still concerned that there will be a sufficient drop in natural light to my kitchen. Then there is also the point that there is likely to be a window in the end of the new building which will be only 12 feet from my bathroom window...

The whole thing just feels really invasive considering when we bought the property there wasn't a building anywhere near as close.

I do understand the importance of development it just feels that the planners really didn't think the proximity through. Maybe I'm just biased but it just feels stupid to cram a building in such close proximity to other properties.

Doozergirl

The party wall pertains to maintaining the integrity of your structure when a build begins. It is too late to do anything about the foundations once they are in and an injunction is not going to get you what you want because...

It doesn't allow you to complain about the position of a building. That is what the planning process is for. You should have complained at the time when you were given opportunity.

Don't start making life difficult for yourself and the developer to achieve nothing. You just need to look out for any movement, but the likelihood is that there won't be any.

MX5huggy

As said You've missed the boat really. But get the plans (you'll probably be able to get them off the web) and check they are building what the have permission for in terms of both size and position.