neighbours shed attached to my wall without permission

[HUTTON]

My neighbor attached a rather large shed (within regulations for build control apparently) with concrete footings and roof tiles to my house,( without guttering) without permission.
The damp from roof has penetrated my house and I can hear noise from shed when ever neighbour working in the shed as footings attached to my wall. He has drilled into my wall and hung tools and shelving and a work bench with light and power.

What can I do to get this monstrous shed taken down as council not interested.

Can I charge daily rent for using my property as a lean to for the past 18 months.

I have written to him but no avail he just ignores my requests.


Hutton

[swiss_toni]

Only from my own similar experiences...

Have you looked at what the Party Wall Act says? My reading of it is that if it is only 'screws' to attatch things then no notification is required. When I built a conservatory against my neighbours wall, for example, I was told it was only the cutting of the flashing into their wall that was the notifiable part. The few screws, sealant, and even the painting of their external wall (jutting out into our back garden) was considered of no consequence and not notifiable. https://www.gov.uk/guidance/party-wa...-1996-guidance
And, basically, no, you can't charge 'rent' and must have incredibly strong grounds to even consider refusing the use of your wall, and you will need (I assume) specialist representation as a minimum.

The reason the council will not get involved with the structure is that planning permission is not needed for most such outbuildings. https://www.planningportal.co.uk/inf...3/outbuildings

However, if you are certain the structure is causing damage, that could be something someone else here can advise you about.

Also, noise, I assume can be complained about but you will need good evidence, e.g. recordings and I assume some indication of the volume e.g. the dBs https://www.gov.uk/how-to-resolve-ne...to-the-council

p.s a picture is worth a thousand words - put one up if you can!

[des8]

When was your house built?
It would be unusual for a recently built house to have a boundary wall astride the boundary.
Assuming the wall is entirely on your land it is unlikely to be a party wall under Section 20 of the 1996 Act.
It seems to be a boundary wall entirely in your ownership and unless the deeds specify to the contrary the private ownership of the wall must be respected by the neighbour. There is nothing to stop the neighbour from building a self supporting construction on his own side and doing with it as he wishes.

The drilling of shallow holes for screws may be something to put up with but deeper drilling may breach the cavity and allow damp penetration so you need to check for that.
Have the roof tiles just been butted up to your wall?
Have you had a survey of the works to confirm or disprove your suspicions of damp penetration because of the neighbours's roof?

Do you have legal expenses insurance with your household policy?

[swiss_toni]

Assuming that's all aimed at OP - in our case, its c.1850's But not listed / CA.

A picture from the OP would help a lot, if they ever come back.

[Happi4U]

Pictures would be great.

In the first instance, have you discussed your concerns with your neighbour?

That is always a good starting point. Write down your concerns and try not to let your emotions or feelings impair how you approach your neighbour. Some people really are oblivious to situations like this and a simple discussion may be all it takes to resolve.

[HUTTON]

When was your house built?
It would be unusual for a recently built house to have a boundary wall astride the boundary.
Assuming the wall is entirely on your land it is unlikely to be a party wall under Section 20 of the 1996 Act.
It seems to be a boundary wall entirely in your ownership and unless the deeds specify to the contrary the private ownership of the wall must be respected by the neighbour. There is nothing to stop the neighbour from building a self supporting construction on his own side and doing with it as he wishes.

The drilling of shallow holes for screws may be something to put up with but deeper drilling may breach the cavity and allow damp penetration so you need to check for that.
Have the roof tiles just been butted up to your wall?
Have you had a survey of the works to confirm or disprove your suspicions of damp penetration because of the neighbours's roof?

Do you have legal expenses insurance with your household policy?

Thanks for getting back to me, what is a party wall under Section 20 of the 1996 Act mean?


The drilling of shallow holes for screws may be something to put up with but deeper drilling may breach the cavity and allow damp penetration so you need to check for that.
THE WALL IS SINGLE BRICKED AND DAMP HAS PENETRATED ESPECIALLY AT THE BASE WHERE THE WATER FROM THE ROOF WAS JUST LEFT TO SOAK AWY BUT NOW HE HAS A WATER BUT INPLACE.

Have the roof tiles just been butted up to your wall?
NO THERE IS A LENTH OF PIPE CATHING THE WATER WHICH SOAKS STRAIGHT INTO THE GROUND AS THEIR IS NO DRAIN THERE.

Have you had a survey of the works to confirm or disprove your suspicions of damp penetration because of the neighbours's roof?
YES SURVEYOR FROM COUNCIL CAME TO INSPECT MY WORKS I AM HAVING DONE ON THE GARAGE. HE NOTED THE DAMP AN INFORMED ME OF THE PROBLEM.

My neighbour has built footings at least a foot deep for a concrete base for the large wooden shed and drilled his wooden structure into the wall of my garage (on side of house) without permission. The water coming from his roof tiles have penetrated my garage wall as it is only one brick deep and have caused damp which I mentioned and he just put a water butt to catch the water as a solution. I am about to turn my garage into a room and I have paid for all the necessary building plans and local council inspectors but he has none. Not even a completion certificate for his home according to local authority who do not seem to care. I have to pay for an extension and he didn't even use a building inspector, just went ahead without caring.

The wooden structure attached to my garage wall is what I am concerned with as it might catch fire, also their is the damp and noise issues I have had to suffer. I have impact and airborne noise coming from this wooden work space which is not fair as he has put no damp proof course or insulation or soundproofing into a continually used room/outbuilding/shed.

I am willing to go to court to a small claims court as I just want this obstruction and the footings taken down and replaced on his property not leaning against mine. What chances do I have of succeeding please? I also need help to proceed as I do not know how to go about it. I have kept photo - graphic evidence and sound diaries..

regards
Hutton

[swiss_toni]

Again the council are not interested because it is not a planning issue. His is literally a shed with no planning requirement and virtually zero regulations.

Yours is a conversion which forms a new habitable room and very much a different thing.

But... That does not mean of course he can do something that causes damage e.g. damp

I'm sure the xperts here will advise.

Meanwhile.... pictures, pictures, pictures

[charitynjw]

I'm not an expert on this, but I suspect that, because of the shed foundations, a 3m Notice should have been served per the Party Wall Act 1996 s3
I'm stating this only because someone I know had a 3m Notice served due to a building project by a housing assn requiring footings excavation close to her boundary, where she has her garage. Presumably the developers/structural engineer/housing assn needed it to satisfy legalities? (They certainly chased it up & made sure it was signed!)

[des8]

It seems that you have here the possibility of a case for an action in trespass, both civil and criminal (altho' the latter will go nowhere)


The wall would seem from your description to be a building face built on your side of the boundary, rather than a party wall
My understanding is that your neighbour can abut that wall, but not interfere with it.
Your neighbour has interfered with your property in such a manner as to cause you damage

You could apply for an injunction to stop the trespass and claim for damages to pay for the cost of reinstating your building.
Be aware tho' that if you start going legal and your neighbour disputes the matter it could become expensive

There's a good discussion on party walls etc here: http://www.boundary-problems.co.uk/b...ems/walls.html

[Les martin]

I am having the same issue now I have asked him to remove it many times and even told him to remove it but he just loses his temper and gets all aggressive, he has also painted a tar like substance along my wall to try and waterproof it. Also since I installed a new fence with gravel boards he has raised his boarders to the top of the gravel boards and now the fence is rotten, when I last confronted him about all this he said it is his side of the fence and he can do what he wants (more colourful words used) then after all this he repositioned a fence panel so he could lock a gate that he has attached to my fence post.

[atticus]

See earlier replies, Les.

If you seek further advice, please start a new thread. That way it will be seen by more members of this forum.

[Ukmicky]

Be aware if you do nothing at some stage there may be an argument that the wall has become a party wall type B . You need to at a minimum object to what they have done in writting.