Advice please! Subsidence caused by neighbour's extension?

starfluf

BikingBud said:

Herbalus said:

BikingBud said:

starfluf said:

m0bov said:

Have you spoken to next door? If they did the work they are about to be hit with a massive bill. Also, are you covered if you need to provide accommodation for your tenant?

We've never got on well with them.  Part of me when they said about the extension just said yes as not to have the hassle.  I was going to message them but chickened out.  Would that be part of landlord insurance? 

This is likely to get messy so you should be very clear about the extent and content of any communication you may have had. 

Anything that may come across as apathy or ambivalence, to their stated intent may make it difficult for you.

Not sure how? Stating ambivalence or even agreement to a neighbour proceeding with an extension doesn’t confer rights to damage others’ property through poor building work, nor does it negate the need for planning permission/building control etc. It’s the quality of work and damage to property that’s the issue, not whether the neighbours objected or not to the idea of an extension months before building work started.

I get all the obligations but if you don't object or state any conditions when someone tells you they want to build onto your house, how have you protected your own interests and taken steps to mitigate the damage and loss?
The comment was only to ensure the OP was aware of how anything they may have done, or not, may be construed. If they said yes it's fine build the extension, were they fully aware of the potential outcomes, what did they do to protect themselves and their property?

If people are prepared to build in this manner I have no doubt that many other aspects of how they conduct their lives will be similarly shonky! If they are prepared to proceed without such obligations as complying with planning permission and building regs do you expect a truthful account of the proposal and acceptance discussion about the build?
And I would expect in the fullness of time, when liability comes to play, muted acceptance or ambivalence towards the proposal may be construed in differing ways dependent upon the intent of the parties. It will be messy!

Hi Biking Bud, the neighbours informally told us via a phone call the approximate dimensions and that it's single story.  It's not gone through planning and the council don't seem to have any knowledge of it at Building Control.  The council have emailed to say "we will be pursuing a Building Regulation application for the work." and that "I would add that we would not have approved the construction of the extension on the boundary wall without addition foundation checks and possible works being done, so it does concern me that movement has occurred."  Had it gone through the council to start with it sound like it would have been done differently and surely an experienced builder would have advised them at such? 

GrumpyDil

Judging by the quality of the work referring to an experienced build might be pushing it somewhat. 

m0bov

What did your insurance say? Just thinking how your going to get your property repaired.

Jeepers_Creepers

starfluf said:

Hi Biking Bud, the neighbours informally told us via a phone call the approximate dimensions and that it's single story.  It's not gone through planning and the council don't seem to have any knowledge of it at Building Control.  The council have emailed to say "we will be pursuing a Building Regulation application for the work." and that "I would add that we would not have approved the construction of the extension on the boundary wall without addition foundation checks and possible works being done, so it does concern me that movement has occurred."  Had it gone through the council to start with it sound like it would have been done differently and surely an experienced builder would have advised them at such? 

Very possibly planning permission was not required (permitted development), but Building Control oversight certainly was. Possibly 'Party Wall' wasn't needed either as they weren't building up to an existing shared wall - the extension just comes out their house's back wall, doesn't it?

So I don't think you've done anything wrong, or been remiss by not checking anything out.

You have insurance on your property - so if it all falls down then they'll rebuild it :-)  It won't, of course, but they will make good any damage. And they will most likely pursue the neighbour for the bill, should they have been the cause.

If the cause wasn't the neighb (hey, there's a chance...), then your insurance will also fix it - that's what insurance is for.

You have Leg Prot - brilliant. Just let them get on with it.

I'm guessing your LL insurance also provides for alternative accommodation for your tenants should the house be unlivable for some time? Coll, reassure them that they'll be fine, whatever happens.

If the cause was your neighb's building, then I think you won't have any expenditure at all, not even an increased premium - they'll chase the other party for everything. If the damage was not caused by them, then your premiums will go up a bit. Big deal... :-)

Your neighbs, however, are royally stuffed.

starfluf

m0bov said:

What did your insurance say? Just thinking how your going to get your property repaired.

They seemed very supportive. Putting the claim in over the weekend paper work wise. Just hoping it gets sorted and doesn’t get worse before things get sorted. 

starfluf

Jeepers_Creepers said:

starfluf said:

Hi Biking Bud, the neighbours informally told us via a phone call the approximate dimensions and that it's single story.  It's not gone through planning and the council don't seem to have any knowledge of it at Building Control.  The council have emailed to say "we will be pursuing a Building Regulation application for the work." and that "I would add that we would not have approved the construction of the extension on the boundary wall without addition foundation checks and possible works being done, so it does concern me that movement has occurred."  Had it gone through the council to start with it sound like it would have been done differently and surely an experienced builder would have advised them at such? 

Very possibly planning permission was not required (permitted development), but Building Control oversight certainly was. Possibly 'Party Wall' wasn't needed either as they weren't building up to an existing shared wall - the extension just comes out their house's back wall, doesn't it?

So I don't think you've done anything wrong, or been remiss by not checking anything out.

You have insurance on your property - so if it all falls down then they'll rebuild it :-)  It won't, of course, but they will make good any damage. And they will most likely pursue the neighbour for the bill, should they have been the cause.

If the cause wasn't the neighb (hey, there's a chance...), then your insurance will also fix it - that's what insurance is for.

You have Leg Prot - brilliant. Just let them get on with it.

I'm guessing your LL insurance also provides for alternative accommodation for your tenants should the house be unlivable for some time? Coll, reassure them that they'll be fine, whatever happens.

If the cause was your neighb's building, then I think you won't have any expenditure at all, not even an increased premium - they'll chase the other party for everything. If the damage was not caused by them, then your premiums will go up a bit. Big deal... :-)

Your neighbs, however, are royally stuffed.

It’s a terrace so shared back wall / off shot. That the bit that seems to be be pulling away from the house. 

starfluf

Ok so update so far. Called insurers to discuss my concerns and quoting what the council has said. They said get the claim in.  I asked them what the procedures will be. They said it would be claimed through the builders insurance. If they’re not covered it will go to solicitors and prob passed in the neighbour’s insurance. PWS has been contacted so hopeful will talk to them tomorrow (PWS recommended by the council).  No idea of time frames. But hopefully things are in hand now compared to earlier in the week. 🤞🤞🤞

m0bov

Well done op, sounds like it’s all in hand, can’t do anymore. Keep us posted.

starfluf

Just to update you all, my husband has managed to get to the property yesterday.  On further inspection of the interior and exterior of our house it may be our guttering being blocked could be part of this issue.  I disagree as there isn't any moisture, mould etc?
My husband has spoken to the neighbour with the extension and she has said she is unhappy with the build quality (sounds like a cowboy builder), the builders have deserted them and they themselves are having to excavate the floor as there are issues with the drains (in the extension).  We're hoping she will sort us the tiling on our outside toilet which adjoins the extension.

I'm not sure where this leads us... Any suggestions?

m0bov

Best leave it to your insurance. The drains will need to be surveyed as well. I wouldn't get involved with the neighbour.