Party wall act

misterclive

We own an end of terrace house and our neighbour owns the property next door which is a tunnel linked house. The tunnel leads to their garden and their third bedroom is above the tunnel. The tunnel is not in our land and we don’t need the tunnel to access our garden. A few years ago, our neighbour knocked through their wall into their tunnel creating a downstairs bathroom. We now have a significant damp problem in our living room on what is now the adjoining wall. We were never approached for permission and wonder where we stand. Please can someone advise?  Thank you. 

twopenny

I think the first thing is to go looking for the planning permission for them to do this. I'm pretty sure they'd need it to make a change like that.

You might be able to find it online.I was able to go back 10yrs to look at refused planning for the land behind the property I was considering and it was useful to see too.

Normally anything that requires planning then a notice has to be placed outside the property and letters informing about the application to direct neighbours.

If you can't find this you need to go to your local planning authority and ask if it was submitted, if it should have been and wasn't or why you weren't informed so you could give a response.

If you had received one of these letters informing you and you didn't respond then you are scuppered unless he didn't build to required regulations.

DevilDamo

@twopenny The PWA has nothing to do with Planning... or Building Regulations for that matter. These ‘letters’ you refer to have nothing to do with BR’s either. The works may have been carried out under PD, so there may be no Planning record anyway.

@misterclive PWA’s cannot be retrospectively applied for. You should have raised this with the neighbour at the time as you ‘could have’ arranged for the works to stop while an injunction was served. Any reason why you can’t approach the neighbour in the first instance as if they’re in agreement, an amicable resolution could be met? Failing that, you could look to engage the services of a building surveyor to help identify the issue.

Doozergirl

As above, this has nothing to do with planning, building control or the party wall act now. 

If it's a bathroom, then the most obvious cause is a leak.  Is there a bath/shower on that wall?  How is the damp presenting itself? 

Tea and cake are required.