Claiming for damages under Party Wall Act - Advice please

TravelExplorer1001

I am currently having numerous issues with work that commenced 3 months ago on the adjoining council owned property. A Party Wall Notice was issued in August by the council's surveyor and then work commenced in March this year. This is still ongoing and workmen just seem to turn up every now and again. We were told originally that it had to be finished by the end of May as this is when the contractors contract expired but it is still ongoing with no sign of completion as yet.

The work being completed has involved a new roof, repointing, new windows/doors, new fascia boards, sills and guttering.

Since work began our roof has been damaged, surface cracks have appeared in interior wall (these were inspected by site manager on 18th April), garden ornaments/planters/plants/childrens play equipment have all been damaged, scratches to windows from falling debris, damage to fence in addition to unreasonable inconvenience with insufficient care being taken to protect our property, working outside of normal working hours (6:50am start on one occasion), unable to use garden for extended period of time, abusive language by contractors in the presence of my children, repeatedly blocking access, unable to work from home etc.

I have had three meetings with both the council and the contractors and was more than willing to resolve things amicably and just allow them to put matters right. Unfortunately despite raising concerns in these meetings problems have still continued, with the first damage occurring back at the beginning of April.

I therefore issued a formal letter of complaint on the 19th May and asked them to address all of my concerns in writing. Both the contractors and the council acknowledged receipt of this, but neither party responded to or answered any of my questions. I therefore issued a further letter 21 days later stipulating my rights under the party wall act etc.

Now I have read the party wall act inside out and know that the building owner needs to make good any damage caused. Unfortunately the fact that they are not responding to any correspondence does not give me the reassurance that this will happen. I therefore want to make a claim for compensation under the Party Wall Act, but I am struggling to find out HOW I actually go about doing this. I can find lots of advice on the Act itself but not how you register a claim or enforce it.

My question is do I need to appoint a solicitor to act on my behalf, or is there a claim form that I can fill in myself to do this? Or is it simply a case of obtaining quotes for the damage to be repaired and then issue a money claim? I have before, during and after photos of all the damage as took plenty of photos of my property before work commenced so I do have evidence of all issues.

Thanks in advance for any advice offered.

ciderboy2009

Presumably you took up the offer of getting your own surveyor when the notice was served and he did a condition report on your property before work commenced?

Have you spoken to them since? They should be able to advise you on the correct process to follow.

It would be sensible to wait until the work is completed before raising any claim - bear in mind that any offer made by the council would be a "full and final settlement" offer.

TravelExplorer1001

Thanks for replying ciderboy2009

I had a meeting with the council's contract manager and liason officer prior to signing the notice and was told that their appointed surveyor would be acting on both our behalfs. As far as I am aware there was no condition report done, or if there was a copy has not been provided to me.

I have sent a letter detailing my concerns to the surveyor named on the notice, but have received no response as of yet.

teneighty

Sounds to me like you signed the Party wall notice giving your consent so the surveyor mentioned would not be acting for you but only for the Council.

However, even if you did consent to the notice you can still raise a dispute and your rights should still be protected under the Act. You probably need to speak to a good local Party Wall Surveyor who should still be able to act on your behalf with their fee being payable by the Council.