Party wall act -does it apply here ?

Poohbear09

My neighbour has taken the party wall back to brick is inserting a damp course called tanking and then re-plastering the party wall.  Needless to say it’s noisy - and our walls have vibrated at times.  Is this covered under the party wall act ?  

gwynlas

If there is evidence of damp in the wall it will stilll emerge on your side.

Ideally if the dpc's failed it is better to be reinstalled jointly.

ic

My lay-mans interpretation of what is here suggests it is notifiable under the Party Wall  Act: https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#para_4

Rdwill

If he's already done it then it's to late for the PWA.

However, your rights still apply if your property is damaged.

And if damage has been caused to your property, a judge will look more favourably on you because the owner to not obtain a PW agreement.

The owner could not claim damage you are claiming for was already there, because he will not have proof.

ThisIsWeird

What is your concern, Poohbear? The noise is surely unavoidable?
However, as mentioned above, the use of tanking is a concern, and possibly - I don't know - a PW Surveyor might have brought this to your attention, and helped arrive at a mutually beneficial solution.
If this is an old, pre-DPC (early-Victorian?), property, then the walls usually act as a natural means of evaporating away the small amount of moisture that will be rising up from the ground. So, you don't 'tank' that in, but allow it to continue to breath. If post-DPC and there's 'rising damp', then the cause is likely to be a failed or bridged DPC, and - again - you don't just seal that in, but sort the actual cause.
In both cases, the fix is not simply to 'tank' - Ie add an impervious coating to the brick - for the simple reason that the moisture is going to keep on rising, and will likely cause damp-related damage elsewhere - usually on the other side of the wall.
I am not remotely suggesting that this is, or could be, the case here, because I obviously don't know. What I would do is take good, dated, photos of your side of the party wall, in case things change. If damp appears when it didn't exist before, well, then, you know...
Who is doing the actual work next door? 

Poohbear09

thanks for your contributions.   

We currently have no signs of damp next doors damp we are thinking is due to a family of 10 - 8 of which are children so drying clothes inside with no ventilation.  It’s a house that was built in the 1890 

the neighbours also is intending to put scaffolding up to re-render the outside wall.  As their house is one floor higher than our house the only way they can do it is to put scaffolding all over our house front/roof and back of house. Plunging us into darkness and giving us no privacy whatsoever. 

Amazingly they didn’t even ask us or consult with us they just put a letter through our door saying they were putting scaffolding up. 

All this was notified by letter on New Year’s Eve.  

Now here is the kicker … we owned our house but our neighbour next door is owned by the council !  Who you think would know better!  

We have sent a solicitors letter saying they have ignored the party wall act and also they can not put scaffolding up on our property but yet they have carried on with the work.   No scaffolding has appeared as yet.  But it seems no one regulates the council to ensure they are behaving correctly and nit
above the law ! 

ThisIsWeird

Blimey.
I'd have thought that you'd be on safer ground with the council!
First, tho' - things that are reasonable, and things that are reasonable to complain about.
Noise - pretty much unavoidable. The same would happen in reverse.
Scaffolding - pretty much unavoidable. And the same would happen in reverse.
If putting scaffolding up on neighbouring land is the only reasonable way to gain access to carry out repairs and maintenance to your own property, then the law allows for this. If a neighb says "No!", then a court order can be brought to force them. So, yes, you should ask nicely. Yes, you should ensure it's a quick as possible. Yes, you should promise to leave everything clean and tidy. But, it is allowable.
Should the council have been more considerate? Seemingly 'yes'. But beyond that I can't see anything wrong. Just unfortunate for you.
It ain't your neighbour doing this, but the council.

rob7475

Have you sent your letters to the tenant or the council? It seems odd that the council would do the work on the party wall without informing you

Poohbear09

We understand what is allowable but it’s also supposed to be discussed and we should be informed of the type of work in advance.  They should also liaise with us over the scaffolding as it means major loss of light/privacy and use of our home.  

None of which they did. They just put al letter though the door to say they are doing work on their property and will be erecting scaffolding.  Not even that the scaffolding would need to be on our house. 

Whether the neighbour is council or not they are still a neighbour and not above the law.  

They damp course is party wall work and they didn’t follow that - they shouldn’t be allowed to acting in such bullying way !   No asking or discussion or information what so ever ! 

ThisIsWeird

Poohbear09 said:

We understand what is allowable but it’s also supposed to be discussed and we should be informed of the type of work in advance.  They should also liaise with us over the scaffolding as it means major loss of light/privacy and use of our home.  

None of which they did. They just put al letter though the door to say they are doing work on their property and will be erecting scaffolding.  Not even that the scaffolding would need to be on our house. 

Whether the neighbour is council or not they are still a neighbour and not above the law.  

They damp course is party wall work and they didn’t follow that - they shouldn’t be allowed to acting in such bullying way !   No asking or discussion or information what so ever ! 

They are not above the law, but they have also not acted above the law here.

From what you describe, they could have been more communicative and considerate, but I need to ask - what actual difference would that have made? You'd still have noise, you'd still have scaffolding, you'd still have a temporary loss of light, and you'd still have a temporary loss of privacy.

Ultimately, you should end up with a better house next door, which is always a good thing to have*.

And please don't forget - this isn't your neighbour doing this, but the council.

*Unless they intend EWI and weird cladding :-)

Yorkie1

Suggest contacting your local councillor as one route to try