damp from external wall after building work -- claim on neighbours insurance?

wallofbeans

Hi all,

I'm trying to figure out if this is just my problem, or if I can (as politely as possible) ask my neighbours to claim on their buildings insurance.

I have an extension at the back of my kitchen. This was done many years before I moved in.

My previous neighbours had a wood lean-to type structure attached to that wall. This had also been there for many years, and a long time before I moved in.

New people bought the house about about 4 years ago. And refurbed the kitchen, moving the lean-to extension completely and extending to the side of the house instead.

This left my wall exposed. A year later and damp starts coming through.

I'm friendly with the neighbours and talked to them about it. We checked the external wall on their side for any obvious issues, but it was all solid and seemed to be properly resealed etc by their builders.

I asked if I could put a waterproof sealant on the wall to hopefully help. We did this in September last year. And it has improved the problem, but not solved it.

My neighbours are now about to move — and I want to deal with the issue before they go.

I've been told that because the problem was (I assume) caused by them removing the lean-to and not protecting the wall well enough, that the now further issues are their responsibilty and it could be covered by their home insurance. Is that true?

I don't think my insurance will cover it at all, so I just want to know for sure if I have to pay for this OR if I can ask my neighbours to make a claim through their insurer.

Thanks for any advice on this!

MeteredOut

"I've been told that because the problem was (I assume) caused by them removing the lean-to and not protecting the wall well enough, that the now further issues are their responsibilty and it could be covered by their home insurance."

Who told you this? I suspect you'd have to prove negligence on their part, and I can't see how removing a lean-to would come under that.

Any why wouldn't your insurance cover it? Have you asked them?

wallofbeans

The internet told me. I know it wasn't deliberate, but the damp problems started after the protection of the lean-to (is that what a wooden conservatory is called?) was removed and the exterior wall refurbished, so the structure not being there or something that was done to the wall after it was removed has definitely started this problem. Or at least revealed that the wall is not ready for being out in the open!

I just looked up the details of my buildings policy and it says it doesn't cover "loss or damage caused by gradually operating causes including wear and tear, deterioration, corrosion, rot or similar causes" and so I assumed this comes under that in some way. Could that be wrong?

sheenas

Is the wall a party wall? I suspect the answer is not from what you are saying and therefore your insurance company might playout in full. The issue is that this sound like a gradual ingress rather than a sudden event like a burst pipe.

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/82040735#Comment_82040735

"The internet told me". Can you provide a link? If it was AI, take it with a pinch of salt - it is notorious in picking up on amy bias in the way you asked prompted it.

There is a very good chance the problem started when the structure was removed, but the challenge you have is proving that is the case. Are you prepared to pay for expert reports that might do that?

wallofbeans

https://forums.moneysavingexpert.com/discussion/comment/82040740#Comment_82040740

it's not a party wall — it's the extension section to my kitchen, but it has not been extended by the neighbours to match. Unless you count the lean-to that was there when I moved in and (by the looks of it) many years before that.

wallofbeans

https://forums.moneysavingexpert.com/discussion/comment/82040746#Comment_82040746

https://forums.moneysavingexpert.com/discussion/comment/82040750#Comment_82040750

Yeah, it was Ai via google — and I did push it to clarify and gave more details, but it kept pushing that it was right. So much so that I started thinking maybe it is their problem to sort out, when previously I didn't think it was, as it's not their wall.

I am 100% sure the problem is because they removed the previous lean-to though— it started as soon as they did it, and the issue is only within the areas where the lean-to was — not the other parts of the wall that weren't covered by it previously.

Emmia

Have you identified where the damp is coming from - any obvious leaks or DPC being compromised, flowerbeds against the wall etc.

wallofbeans

https://forums.moneysavingexpert.com/discussion/comment/82040758#Comment_82040758

Nothing. All looks good.

unforeseen

It sounds like the the lean-to was protecting a defect in your kitchen extension wall.

wallofbeans

This is the exterior — you can see the shape of where the lean-to was.

Since this photo, the neighbours have had a patio laid so the ground is different.