Party Wall / Damp Garage / Potential Neighbour dispute

Canditch

Hi there

I’ll seek some legal advice on this in due course but I’d really like some opinions on a predicament we find ourselves in. 

We moved into our 1950’s bungalow in August 2020 and our new neighbours next door moved into theirs about 2 weeks ago. Our road is on a slope and their property is lower down from us. 

They have recently started discussing damp issues in the extended part of their single-skim garage. Apparently these issues were picked up on their survey and the previous homeowner confirmed they’d been rectified. (It turns out they’d only partially bothered to correct some of the damp issues).

The damp wall in question was built ‘over-hand’ and added to their existing garage at least 10-12 years ago, and isn’t in the best condition. This wall acts as the boundary between their garage and our side path. Our side path is much higher than the DPC in the garage due to the sloped road, and the wall has been built butt up to our retaining wall.

The neighbour has discussed the damp issue with a builder, and the builders solution is to excavate on our side to below the DPC - which is over a metre deep at the deepest part and approx. 3m long, and apply the necessary membrane/pea shingle for drainage. 

The neighbour is keen not to involve party wall agreements but I’ve insisted if there is any excavation there must be a PWA as our lounge and conservatory walls are within a metre of where they want to excavate.

I feel like excavating is a bit overkill for some damp in the corner of a single skin garage that was built by previous owners. 

I’m also not sure I want them excavating so close to my home, nor can I afford to lose out financially by paying for party wall surveyors and would hope this is at the neighbours cost but I get the impression this is on us to pay for and correct.

The neighbour hinted at us contacting the previous owner of our home and getting some money from them - except he was 92 when he was moved to a care home and I believe he has since passed. But I don’t think this is warranted and the new neighbours should be taking it up with their solicitor and the previous homeowner...!

I am so stressed, we are keen to keep neighbourly and approachable but we have so much renovation work to do on a tight budget, I can’t justify or afford paying for something that I don’t feel is our responsibility...

Any thoughts are welcome!

Windofchange

My understanding is that if you refuse to agree to the works then it falls to the neighbour to pay for a surveyor to draw up a party wall agreement with what needs doing - i.e. they pay 100% of the costs of scoping the project. They then of course would pay 100% of the cost of the building work unless you want things doing that would be of direct benefit to yourself. To my mind you are correct on insisting that there is a party wall agreement incase something goes wrong, but that is on their head to draw up and pay for and then present to you - a cost they are likely trying to avoid.

FreeBear

How far away from the boundary is the foundations of your bungalow ?

7ames101

I think this is important:

"Apparently these issues were picked up on their survey and the previous homeowner confirmed they’d been rectified. (It turns out they’d only partially bothered to correct some of the damp issues)."

That's a clear issue between them and the previous owner. The only possible liability for contribution towards costs to remedy would be on the current neighbours and what they may pursue the previous owner for (on the basis of being mislead, or even lied to, about the problem being solved).

In summary (unless I've misunderstood anything): Problem with a building on the neighbour's property. They were (potentially) misled or lied to about this problem by the previous owner. They could've got a builder or surveyor in prior to completion to properly check on the problem and possible remedies but instead they went ahead and completed. The problem is not caused by anything done by you or anyone else on your property, but by the position someone in the past decided to build the garage on the neighbouring property, and by inadequate damp proofing work.

It's pretty much impossible to conclude anything from that summary except all remedy costs and arrangements should be borne by the neighbour. There should definitely be a PWA for your protection and peace of mind. Your permission and accommodation of the disruption are really as much as could reasonably be expected of you.

martindow

Would an answer be for the OP to insist that a suitable builder who has adequate insurance cover does the work?  One would not then need to invoke the PWA.

Doozergirl

martindow said:

Would an answer be for the OP to insist that a suitable builder who has adequate insurance cover does the work?  One would not then need to invoke the PWA.

If work falls under the act and a neighbour wants a PWA, they are entitled to it. 

The builder's insurance has nothing to do with the PWA.   

OP, as per the first reply, there shouldn't be any cost to you.   It should all be dealt with by the neighbour.  I'd ask them to approach a party wall surveyor because the Act does apply.   Otherwise, you'll have to employ one and they'll be presented with the bill.  The best option is to work with one surveyor working for you both.  

rik111

No, I wouldn't be reliant on a builders insurance that has been instructed by another party.
It sounds like the garage should never have been built or at the very least built in a different way. The neighbours were stitched up by the previous owners / did not carry out due diligence.
None of this can possibly be your problem, your neighbours can not blame you in any way and have no legal recourse.
There is no way I would be allowing any of this, let them take it up with previous owner, and rather than take the easy option i.e. destroying your property, let them take the hard option. Knock it down and start again, expensive but tough.

niceguyed

Agree with Rik111. The only aspect I see that's your problem is the balance of living with neighbours where something like this could break cordial relations. 
I'd keep polite but very firm, you have to protect your interests and this is their problem to resolve. Their suggestion you contact the previous owner of your property is ludicrous. 

m0bov

Refuse any work nothing to do with you, it’s their defective and poorly built garage.

Slinky

Baffled why your neighbour thinks you should be claiming off your vendor for dodgy work done on their garage. Nowt so odd as folk.

Bushmush

I live in an 1870' built mid terrace house. Previous neighbours done a loft extension around 6 years ago. New neighbours have removed an interior wall and widened the narrow cellar while carrying out an extensive refurbishment. We now have blown plaster to our side of the party wall. The builders have offered to re glue the lining paper back along the joins. We have just discovered a new leak at the base of the pitched roof. This roof had a leak at the same spot around 18 months ago, which was repaired. This work involved repairing the rendered upnstand on our side of the party wall.
The builder just says that they didn't touch the roof and he isn't responsible. The repair carried out before has been watertight throughout this winter until it rained today.
Can anyone offer advice on how to resolve this matter?

Many thanks

John