Neighbour responsibilities on building demolition

[blue1]

My property whilst described as detached is partially joined on to a large industrial building and has been like this for 50+ years. Basically the side of the house is side by side to the property with no gap between them. The owner of the building has now had planning consent to demolish it and build individual residential properties. The owner has told me that when they remove his building from the side of my property I will be liable for any work that is required on my property. Surely by exposing my wall he should put right any damage and work required?

[MissFM]

Re: Neighbour responsibilities on building demolition

Morning Blue1 One would certainly think so - hope someone on here knows the legally correct answer.

[wales01man]

Re: Neighbour responsibilities on building demolition

I would think he would be liable if he damages your building during demolition and if his building is physically attached to yours,the problems may arise if its found that your property has for instance not been pointed or something else he may feel hes not responsible for all the things will only surface when the building is demolished

[blue1]

Re: Neighbour responsibilities on building demolition

Thanks guy, that is why I need to be prepared and I am not sure whos' property was built first. He is a renowned bully and of course I wouldnt be able to fork out £1000,s to rectify my wall if it is required.

[wales01man]

Re: Neighbour responsibilities on building demolition

Another thought there are party wall rules the council should advise if this covers your situation

[bluebottle]

Re: Neighbour responsibilities on building demolition

Check the deeds for your home which should show any covenants regarding party walls and responsibilities for making good damage to your own and neighbouring properties. Failing that, seek advice from a legal professional who specialises in this area of the law.

[UnitedFront]

Re: Neighbour responsibilities on building demolition

Definitely get some advice from a specialist in the field - it is possible to have an easement of support whereby a neighbouring property owner cannot remove the support to your building, regardless of planning permission (which is a separate issue).

Obviously the above statement is of a general principle and it would require a professional in the field to assess all of the facts and circumstances of your individual case in order to advise etc.

[enquirer]

Re: Neighbour responsibilities on building demolition

My property whilst described as detached is partially joined on to a large industrial building and has been like this for 50+ years. Basically the side of the house is side by side to the property with no gap between them.

Is it actually attached, or not?

The owner of the building has now had planning consent to demolish it and build individual residential properties. The owner has told me that when they remove his building from the side of my property I will be liable for any work that is required on my property. Surely by exposing my wall he should put right any damage and work required?

He is taking nonsense - generally, if they break it, they fix it.

Note the comment by UnitedFront regarding easements. Does your house depend on the adjacent building in any way? (for example, for support?).

[bluebottle]

Re: Neighbour responsibilities on building demolition

Check the deeds of your home. Part or all of the answer you require should be there. If not, speak to a specialist lawyer.

[IanM]

Re: Neighbour responsibilities on building demolition

My property whilst described as detached is partially joined on to a large industrial building and has been like this for 50+ years. Basically the side of the house is side by side to the property with no gap between them. The owner of the building has now had planning consent to demolish it and build individual residential properties. The owner has told me that when they remove his building from the side of my property I will be liable for any work that is required on my property. Surely by exposing my wall he should put right any damage and work required?

The best and cheapest way to solve this is to check on the plans and the permission granted for the demolition, it may be that the permission does not allow for the wall to be taken down, sometimes the planning permission can stipulate that the wall must be underpinned and support columns built before any foundations for the new building can be put in, stops landslip.

Secondly, contact the local building inspectors and ask them for their advice as it is free and they like it when people actually ask them before doing something that may not be passed if done incorrectly so confirm with the inspector that the owner is following the permission and what his obligations are with regards to the condition and structural integrity of your wall.

Once you have a clearer picture of what is allowed and what is not then you can monitor the progress and take action when things are not being done to plan.

Also see a solicitor about what action you can take before the work begins to ensure that you will not be out of pocket for any work needing doing after the builders begin.

[Eloise01]

Re: Neighbour responsibilities on building demolition

Before you start paying for people to do things I would do two other things. (a) check if you have legal cover on your insurance and (b) even if you don't, talk to your insurers. I think they might have a thing or two to say if this ends up landing on their desks, and forewarned they might well like to make an early start of making sure it doesn't land on their desks! After all, if this results in structural damage to your property or contents, they won't be happy with the bill!

[MissFM]

Re: Neighbour responsibilities on building demolition

One other thing that has just sprung to mind - insurance? Either his or yours should underwrite any damage (more knowledgeable people please correct!)

[MissFM]

Re: Neighbour responsibilities on building demolition

Sorry crossed posts - follow Eloise01's advice!

[alham]

Re: Neighbour responsibilities on building demolition

Also make sure that you check the planning permission and plans carefully - new building, even if built on the old foundations, may require deeper foundations that may lead to subsidence/damage to your property. Also, as previously advised, make a contact with your local building inspector as he/she will be responsible for ensuring the work is done correctly and having them on your side may be beneficial in the long run if things are not according to plans.