Lack of party wall agreement

Iwona123

Hello,

My neighbours build the wall very near boundaries line without party wall agreement. They have also moved shared gutter on our side obviously without permission. Now, rain water drains under our house. Currently there is no damage but it will be in few years if this won't be sorted as water goes straight under foundation.

Neighbours are moving, they just got offer on the house. We tried to speak with them to fix all the issues before they go. They are not responsive.

What can we do about it? We have informed estate agent that there is dispute. Can we report it to council?

Many thanks
Iwona

Aylesbury_Duck

Get legal advice. The drainage needs sorting immediately, the location of the wall probably didn't need a party wall agreement if it is inside the boundary but was the necessary planning permission obtained?

The estate agent is unlikely to help, they want their commission from the sale.

Davesnave

The ship has almost sailed. Whatever the neighbour has done, it hasn't yet bothered their buyer, or the buyer's solicitor, so no wonder they're unresponsive.


Personally, I might not wish to get into a legal dispute with the neighbour, but I might look at the planning and building control data on the council's web site to see if what they built was allowed and properly checked, or if it was just thrown-up with no regard to legal niceties. In the latter case I would inform the council (they usually have a reporting page) but it might still be permitted development or be outside time limits for enforcement.


In any event, rather than hire a solicitor or wait for the council, I'd spend my money on rectifying the drainage. Where did the roof water from the shared gutters go previously and why can't it go there now?

Doozergirl

Building Control demands the proper discharge of water to a soak away. The rule applies to the new extension, but in theory, the existing house guttering would discharge onto the roof of the extension and then away to the new Soak away. Your neighbours would not be allowed to make any existing situation worse with regard to existing rainwater drainage.

I would be in contact with Building Control. It seems a bit odd that it would have been signed off like that.

Your time for a party wall agreement was before the extension was built, so that isn't going to help you.

fezster

If you have legal cover on your home insurance policy, you may be able to speak to them to get advice on how to proceed.