Party Wall Act - My Last Hope

haveanicedaynow

I am trying to ascertain whether there should have been a party wall agreement in place for the addition of these copings as it is my last hope. I appreciate that the act does have exemptions for small works, but I also see it covers repairs/modifications to a party wall.

Can anyone offer any advice?

xylophone

Building Control and Planning weren't notified by the owners.

Have you contacted your local authority?

I do not have proof they walked on the roof - my office is directly below and I was in at the time and heard them.

Why did you not challenge them at the time and make a formal complaint writing to the owners of the property?

https://www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about

Guest101

If someone damages your property you don't need a contract to seek compensation. The act has nothing to do with it

haveanicedaynow

Guest101 wrote: »

If someone damages your property you don't need a contract to seek compensation. The act has nothing to do with it

But I would need proof, which I don't have.

If anybody has any actual advice regarding the party wall act it would be appreciated.

G_M

The Party Wall Act is not retrospective. That is, if a PW Agreement is not put in place before/during the works, the Act makes no provision for penalties, compensation or other come-back.

It is fully explained on the gov website:

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

Had you insisted on a PW Agreement when work started, you would have been protected.

Had the neighbour refused to put an Agreement in place, you could have sought an injunction.

Your only recourse now is the courts, with a standard claim for damage and civil trespass (for which you will, of course, need evidence).

You can always report the unregulated works to Building Control, and if the works were of a type that needed Planning Consent (not clear from your post), then you could report to the local Planning Dept. Eg

http://www.tameside.gov.uk/enforcement/planningbuildingcontrol

loveka

Yes, there is no penalty for not doing a party wall agreement.

Our neighbour didn't do one. We considered an injunction when he started without one, but we're told he could counter sue for delaying his works unnecessarily!

I have researched all options, and all we can do is to take the neighbour to the small claims court to recoup the money for the damage he did. Again, our solicitor has advised against this, as the neighbour could get nasty. Also, he may not pay up, which would lead to a protracted legal case.

The party wall act is dreadful, as there is no come back whatsoever if someone doesn't use it.

If it makes you feel any better, we paid out £3k to facilitate our neighbours vile extension. Also, we are now moving as can't bear to live so close to someone who would do this (destroyed our 20 year old garden) which is cost in £30k in fees and moving costs. I guess I am trying to say you are not alone.

AndyBSG

The party wall act is completely irrelevant once the work is complete.

If you think they're breaching the Party Wall Act while the work is going on you can take legal action but once the work is finished it's too late to do anything... And most of the time by the time you realise and take the appropriate legal action they'll have finished the work during that period anyway.

G_M

loveka wrote: »

Yes, there is no penalty for not doing a party wall agreement.
True

Our neighbour didn't do one. We considered an injunction when he started without one, but we're told he could counter sue for delaying his works unnecessarily!
True - he could. But you would defend this counter-claim by showing the efforts (eg letters) you made requesting a PW Agreement. No court would find against you since the neighbour had failed to put a PW Agreement in place.
Whoever told you this gave poor advice.

I have researched all options, and all we can do is to take the neighbour to the small claims court to recoup the money for the damage he did. Again, our solicitor has advised against this, as the neighbour could get nasty. Also, he may not pay up, which would lead to a protracted legal case.
Well , yes, anyone can 'get nasty' but surely you know the neighbour better than your solicitor! And what does 'get nasty' mean? Breaking some other law? That's what the police are for.

The party wall act is dreadful, as there is no come back whatsoever if someone doesn't use it.
Yes there is - an injuncion to stop work until an Agreement is in place.

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Guest101

haveanicedaynow wrote: »

But I would need proof, which I don't have.

If anybody has any actual advice regarding the party wall act it would be appreciated.

Well you need to prove on balance of probabilities.


e.g. my neighbour was having work done and there was damage to my roof, on balance of probabilities it was their workmen.


I don't see how the party wall act helps you at all.

Guest101

loveka wrote: »

Yes, there is no penalty for not doing a party wall agreement.

Our neighbour didn't do one. We considered an injunction when he started without one, but we're told he could counter sue for delaying his works unnecessarily!

I have researched all options, and all we can do is to take the neighbour to the small claims court to recoup the money for the damage he did. Again, our solicitor has advised against this, as the neighbour could get nasty. Also, he may not pay up, which would lead to a protracted legal case.

The party wall act is dreadful, as there is no come back whatsoever if someone doesn't use it.

If it makes you feel any better, we paid out £3k to facilitate our neighbours vile extension. Also, we are now moving as can't bear to live so close to someone who would do this (destroyed our 20 year old garden) which is cost in £30k in fees and moving costs. I guess I am trying to say you are not alone.

Just a general bit of advice, get a solicitor with a back bone

loveka

I went to 3 different solicitors actually, all said the same thing. Believe me, I wanted more than anything to get an injunction.

This also assumes you have the money to pay for an injunction. Over 3 thousand pounds you can afford to lose? Because the type of person who decides consciously to circumvent the party wall process is the sort of person to do anything they can not to pay your legal fees. Having already spent a lot of money on solicitors and surveyors I was out of money anyway.

Our neighbour is rich, we are very poor.

It's a shame me trying to help someone else with an experience that had me feeling suicidal at times brings out these snippy comments, on a forum that is meant to be supportive.