Neighbour demanding work to be fixed after extension

Ectophile

GDB2222 wrote: »

Also, I assume that the render has been there for years. It's quite a coincidence that it's cracked now.

The render cracked two years after the work finished. Sounds like a coincidence to me. And not much of a coincidence at that.

Doozergirl

GDB2222 wrote: »

The OP refers to 'the surveyor', and I assumed that this is the surveyor appointed under the PWA. Perhaps I am wrong about that, but if it is the PWA surveyor he has records of the state of the neighbour's property before the extension was built. He's been agreed by both parties as an independent expert. It's going to be an incredibly difficult uphill task to persuade a court that he's wrong.

Also, I assume that the render has been there for years. It's quite a coincidence that it's cracked now.

All in all, whilst I have sympathy for the OP, I wouldn't want to be defending his case if this goes to court.

As I said. Render cracks. It is totally prone to it because *houses move all the time* and cement has no flexibility. It is perfectly normal and any structural engineer should be able to argue that. We had a long dry summer in 2018 and a hairline crack, considering that, is nothing. Render is not a permanent feature. I've lived in at least four rendered houses and not one was without cracks. In fact, it's well known that render is often used to attempt to cover movement.

When it comes to structure (which is what cracks in render are ultimately down to), a structural engineer trumps a PWS.

Party Wall Agreements are there for the very reason of agreeing method statements to ensure that the integrity of a structure isn't affected. No house is going to be in exactly the same condition as it was 2 years ago, but it's a long shot to suggest that any change is down to work on the party wall.

GDB2222

Doozergirl wrote: »

As I said. Render cracks. It is totally prone to it because *houses move all the time* and cement has no flexibility. It is perfectly normal and any structural engineer should be able to argue that. We had a long dry summer in 2018 and a hairline crack, considering that, is nothing. Render is not a permanent feature. I've lived in at least four rendered houses and not one was without cracks. In fact, it's well known that render is often used to attempt to cover movement.

When it comes to structure (which is what cracks in render are ultimately down to), a structural engineer trumps a PWS.

Party Wall Agreements are there for the very reason of agreeing method statements to ensure that the integrity of a structure isn't affected. No house is going to be in exactly the same condition as it was 2 years ago, but it's a long shot to suggest that any change is down to work on the party wall.

I accept all that. However, you are arguing on general grounds, whereas the surveyor has seen the property. He must be as aware as you that houses move and render can crack. Yet, he's come to his conclusion that the crack is due to the extension. A judge, who is not a building expert, is likely to place a lot of store on the surveyor's evidence.

Of course, it can be overcome with other expert evidence, but a full trial could be more expensive than the remedial work, and you need the court's permission to use an expert. For such a small case, the court may simply rule that the PWA surveyor should act as a single joint expert.

Of course, if the OP refuses to do the work, the neighbour may simply drop her demands.

Newuser1987

Its worth noting that the Party Wall Agreement only relates to the works to the Party Wall.
Do you know what parts of the act your agreement covers Part 1,2,6.

There will be a clause in your agreement which will probably be worded roughly as follows:
Compensate the adjoining owner and / or occupier for any loss or damage which may result to any of them by reason of any work executed in pursuance of the Act.

Key point is 'in pursuance of the Act' which means if the crack is caused by elements of the building works which are not covered within the Act then it is not enforceable by the agreement. It then becomes a civil matter which if found to be as a result of the works then a court could order you to make good.

My point is more to first understand if the surveyor actually has the remit to make instructions.

Newuser1987

GDB2222 wrote: »

I accept all that. However, you are arguing on general grounds, whereas the surveyor has seen the property. He must be as aware as you that houses move and render can crack. Yet, he's come to his conclusion that the crack is due to the extension. A judge, who is not a building expert, is likely to place a lot of store on the surveyor's evidence.

Of course, it can be overcome with other expert evidence, but a full trial could be more expensive than the remedial work, and you need the court's permission to use an expert. For such a small case, the court may simply rule that the PWA surveyor should act as a single joint expert.

Of course, if the OP refuses to do the work, the neighbour may simply drop her demands.

Its worth noting that Party Wall Surveyors are appointed under statute and a tribunal is formed to resolve a dispute. Quite often if something like this is taken to court the judges will not even look at the case and revert to the Party Wall Surveyors judgement.