Neighbours extension caused cosmetic damage – where do i stand?

shoe_dog

Bendy_House said:

Hi SD.

Do you have Legal Protection on your house insurance? If so, call them up and explain the situation.

This is an awkward situation as the damage isn't proportional to the cause. This shouldn't matter, but it will likely leave a bad taste in this guy's mouth.

'All' the guy did was to install his guttering in a poor manner, and this presumably caused water to cascade down your wall? In which case, unless this water penetrated the wall to cause internal damage, there would normally be no longer-term issues once the fault was sorted.

However, because of the particular render you have used, it has 'stained' in this bizarre way. So, we have a situation where a small error has caused expensive, unanticipateable, damage.

That said, your neighb is still liable, and you should be entitled to a full restoration.

If he had used a builder, then the builder would be claiming on their liability insurance. If he DIYed the work, then he better check his household policy carefully. Since it looks as tho' he wasn't exactly 'negligent', I think he should be covered, just as if - say - he dropped a hammer and it went ploughing through your roof.

Please tell us you have LP.

Yes i have legal protection. 

His work wasn't DIY, he employed a couple of cheap builders who i don't believe were registered as a company at all or had any kind of indemnity insurance. The builders responsible for the damage are no longer working on the project, he has since taken on a different team. 

stuart45

In the photo there's a downpipe coming straight into the gutter, which if still like this will cause an overflow.

DanDare999

Bendy_House said:

Hi SD.

Do you have Legal Protection on your house insurance? If so, call them up and explain the situation.

This is an awkward situation as the damage isn't proportional to the cause. This shouldn't matter, but it will likely leave a bad taste in this guy's mouth.

'All' the guy did was to install his guttering in a poor manner, and this presumably caused water to cascade down your wall? In which case, unless this water penetrated the wall to cause internal damage, there would normally be no longer-term issues once the fault was sorted.

However, because of the particular render you have used, it has 'stained' in this bizarre way. So, we have a situation where a small error has caused expensive, unanticipateable, damage.

That said, your neighb is still liable, and you should be entitled to a full restoration.

If he had used a builder, then the builder would be claiming on their liability insurance. If he DIYed the work, then he better check his household policy carefully. Since it looks as tho' he wasn't exactly 'negligent', I think he should be covered, just as if - say - he dropped a hammer and it went ploughing through your roof.

Please tell us you have LP.

If he wasn't negligent then why would he be liable?

born_again

Given that they must be going to render that wall (could be fun behind that fence) 👀 
I would not be doing anything till then. But what is that cut out halfway up? & their blocks look to be butting up to your render?

twopenny

I agree with stuart - the first thing I saw in the photo was a downpipe just discharging onto a piece of gutter.
This is going to cause a huge amount of water to hit and splash onto the neighbouring property in this case. I'm thinking it was to prevent a proper join fron the down pipe to a drain.
Not possible because the block is ght on the boundary.

I wonder whos idea this was?
Designed by the owner or first set of builders? 
Looks like a cheap and rubbish job - the person who thought of it or approved it is responsible and a solution needs to be found. The wall comes down and is built to allow the drainage or you take his drain and if on a meter, pay for it.

macman

This should be dealt with by the Party Wall surveyor you appointed before the work started. You were served with a PWN, weren't you? And Building Control signed off the footings?
That blockwork is some of the worst I've ever seen. Reminds me of Yosser's efforts in 'Boys From The Blackstuff'.
Is he intending to render the wall before the winter?

Eldi_Dos

@shoe_dog

If you get any significant rain go out and take photos or video of that downpipe, for future reference.

xzibit

I’d be more worried about whether that block work is stable. The mortar is laughable and I’d be worried whether it’s tied in to the other wall? Not seeing the whole context makes it more difficult to comment, but you’d assume starter profiles on the wall the blockwork  runs into. And possibly a vertical dpc cut in if your wall runs past his new perpendicular wall. 

God that’s a mess. I’d be furious. 

stuart45

The blockwork looks to me like it was built overhand, which is probably why they used Thermalites. I guess there was a problem with the scaff being next to the door. 
Hard to say if the walls are tied. Wall starters don't look likely, although there are things called Tiger ties.TIGER Ties - Cavity & starter wall ties in stainless steel - FastenerFix

shoe_dog

stuart45 said:

In the photo there's a downpipe coming straight into the gutter, which if still like this will cause an overflow.

The guttering system has since been amended and now follows the building plans that i approved in the party wall notice. 
Coping stones are still to be added to the top of the boundary wall.