Neighbour has damaged my house

[jumper79]

Hi, I need some advice my neighbour has damaged the party wall joining our terraced houses and reduced my chimney staff without the party wall agreement in place. He refuses to give the PWA letter and is very aggressive. I will have to claim off my insurance for the damage but will they pay out if the neighbour damaged the house?

[Bordeaux]

I would certainly see a solicitor, who would send a letter to them take
photo's insurance will, and with aggresion inform the police

[jumper79]

the police are not interested they class it as a civil matter and I cant afford a solicitor:( The council cant intervene either they say they have no legislation over the matter. I have taken photos, the neighbour still has a lot of work to do and I am afraid of the walls coming down. Insurance wont do anything until they get a surveyor report which I cant get til the neighbour finishes all the work then I will know the extent of all the damage.

[The Builder]

In siple language, Jumper...... what is the work he has done?

[The Builder]

^^^ simple :o(

[jumper79]

He has removed the chimneys from his side of the house using sledgehammers this has knocked the bricks of the joint wall through to my side and he also removed his chimney stack from his roof which was joined to ours, he has made a mess of our chimney in the process and reduced our chimey stack, He still has the supports to go into the already damaged party wall and he is going to be messing with his roof as well so i am expecting a lot more damage

[The Builder]

Ok. That sort of work most likely requires Building Control Consent (Building Regulations).

Contact your local District Council and ask for Building Control. Insist that an Officer visits you to see for himself. It won't cost you anything. Initially, the bully next door need not know.

For the legalities, see the local Citizens' Advice Bureau. They have people to give legal opinion.

[jumper79]

Thank you, I tried various legal departments and they all said due to the nature of the problem I will have to involve a solicitor which will be costly... building control are not interested in the damage to my house i have been speaking to then through out this nightmare (i told the council of the works the neighbour never had any intentions of getting planning permission) I can not even begin to explain how helpless I feel whilst my house is literally crumbling away around me. It seems hardwoking genuine people always suffer whilst scum bags get away with everything.. I will try the CAB again on monday. I am scared my insurance wont cover all the damage as it is pretty extensive. Thank you for your answers.

[The Builder]

Planning doesn't come into it, Jumper. He probably doesn't need it for the work.
I'm astounded at Building Control's attitude. Even if his work is not notifiable to them, no work should ever be to the detriment of neighbouring property. Since, in Law, this is most likely "nuisance", then perhaps Environmental Health? Do try the CAB again.
Good luck

[TheWinner]

Does this help?

http://www.communitie...ilding/pdf/133214.pdf

[pega]

Sorry to hear of your troubles, I think you can have an half hour consultation
with a solicitor for free it worth looking into if they are doing work as you
say with sledge hammers this would not be accepted under health and safety
take photo's of him doing the work would be well to your advantage to show
to insurers as slap dash work. I have had trouble with neighbours who
moved next to me and they were aggressive and the police took it up and
the council have an enforcement officer see if you can see if your council have one also I firstly went to my local councillor so do get in touch with yours the CAB don't have the same authority so good luck, as you will have
a tough time trying to get insurance my front wall was bashed down by
vandals and I got very little cost me to have wall and got only a couple
of hundred from insurance as you say damage was done by others.

[themanor]

Jumper79
I am currently a few months into the same problem. been through most options and spent thousands with solictors and Party wall surveyors and not really got anywhere.
What's the latest with your story, see if we could swop tips.

[jumper79]

Hi, the situation with me is that I am going through my own insurance it will be a long process. The PWA is a waste of time and costs thousands to actually enforce. Make your insurance company aware of the damage straight away so they have a record of what has happened, i wouldnt bother paying for injunctions e.t.c if your neighbour is carrying out work they will re start works eventually and the injunction will only delay matters further.