Damage Caused To Property By Traffic To Construction Site

[KayB]

Construction of 4 houses has begun in a field near my house. Access to the site is directly alongside our property, on a previously unused strip of land, running alongside our garage and wall which varies in height (on the side of the new road) by 1.5 to 2 metres. This wall moved ever so slightly in the first year the house was built, by about 2 to 3 mm at it’s highest point (when compared to it’s alignment with the garage). In the 15 years since then it hasn’t noticeably moved any further.
When planning permission was submitted for the new houses, amongst other things, we expressed concern that the foundations of our garage, and those of the wall, may be damaged by the heavy construction traffic that will pass by it, and the future comings and goings to the 4 houses that are to be built.
Construction started 3 weeks ago, with many large lorries taking soil away, and bringing in hard-core to lay out the new road and drive ways. I have just noticed that the wall has moved in that time by about 1 cm. I have brought it to the attention of the builder but he doesn’t seem to be interested, stating that the wall had already moved and implied that it would be our responsibility if it fell over.
I am also concerned that the garage may suffer structural damage.
What are our rights?
Does the Council bear any responsibility as they allowed an access road to be built alongside our property?
Any help or suggestions welcome!

[Zacs-Master]

There's a 'thing' called the Party Wall Act but I'm not sure it covers site access. Arguing whether the wall has dropped since works began is a waste of time as there is no way of proving your claim. You really need to involve the services of a local Building Surveyor (RICS qualified) as soon as possible to have ANY redress legally. if you have a camera which shoots video, it might be worth placing this atop the wall the the wagons roll by as this will clearly demonstrate the shaking.

[themas]

You should involve your house insurer as damage to your property (possibly excluding the wall, which I take it is a boundary wall separate from the garage) could well be covered. The insurer would want to consider whether to claim against the builder's insurer.

[Bazile]

Yep - you may also have legal cover as part of your insurance policy
check to see if you took out that extra addition