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Hi, this is my first post so hello everyone. I have a tale of woe, please read on.....
I own a Victorian house in Bristol which has a conservatory built to enclose the space between my house and the boundary wall by a previous owner.
My neighbour has recently built a large ground floor extension very close (15cm) to the boundary wall under the Party Wall Act.
The boundary wall was supposed to be underpinned as specified in the Party wall agreement.
During the work my conservatory wall cracked vertically 4mm so it is now in two halves. This caused my conservatory roof to leak and jammed the door to the back garden.
I asked the surveyors for "as built" drawings but they refused to release these unless I accept the terms of an "Addendum Party Wall Award". This specified only superficial crack filling and door adjustment. I refused this and lodged an appeal to the court.
The surveyors then released "as built" drawings showing the underpinning had been done as specified.
I engaged a surveyor and his report states that the underpinning was only 60% of the width specified in the agreement and constructed of blocks instead of concrete as specified.
The surveyors promptly issued new "as built" drawings using my surveyor's report drawings.
The surveyors then said the best solution would be to negotiate with the neighbour to repair the boundary wall. This was because the cost of my bringing a court action would be high with no garrantee of success. My research on the internet confirmed this. My appeal has lapsed
I tried for over a year to get an agreement with the neighbour but it became obvious that he has no intention of paying to fix the problem.
The deterioration of my conservatory and concern about the quality of the building work done next door made it necessary for me to protect my house.
I reluctantly decided to rebuild the conservatory to prevent further deterioration. I have started a Party Wall Award application for an extension.
Test pits have been dug along the boundary wall and an engineer's report obtained. It states that the underpinning does not support the boundary wall in places at all. More concerning is that the rainwater pipe taking rainwater from the roof has been cut at the underpinning and blocked with concrete. This has caused the main party wall foundations of the house to be flooded. This must be drained before work can commence to re-build my conservatory.
The surveyors dealing with my party wall application have advised that they are only able to make an award on the "notifiable works". My question is whether I am able to insist that they make an award over the cost of the repairs.
I have contacted my house insurers to see if they are willing to cover the costs of legal action but am unable to get a firm answer.
I am investigating the possibility of engaging a CFA solicitor.
I own a Victorian house in Bristol which has a conservatory built to enclose the space between my house and the boundary wall by a previous owner.
My neighbour has recently built a large ground floor extension very close (15cm) to the boundary wall under the Party Wall Act.
The boundary wall was supposed to be underpinned as specified in the Party wall agreement.
During the work my conservatory wall cracked vertically 4mm so it is now in two halves. This caused my conservatory roof to leak and jammed the door to the back garden.
I asked the surveyors for "as built" drawings but they refused to release these unless I accept the terms of an "Addendum Party Wall Award". This specified only superficial crack filling and door adjustment. I refused this and lodged an appeal to the court.
The surveyors then released "as built" drawings showing the underpinning had been done as specified.
I engaged a surveyor and his report states that the underpinning was only 60% of the width specified in the agreement and constructed of blocks instead of concrete as specified.
The surveyors promptly issued new "as built" drawings using my surveyor's report drawings.
The surveyors then said the best solution would be to negotiate with the neighbour to repair the boundary wall. This was because the cost of my bringing a court action would be high with no garrantee of success. My research on the internet confirmed this. My appeal has lapsed
I tried for over a year to get an agreement with the neighbour but it became obvious that he has no intention of paying to fix the problem.
The deterioration of my conservatory and concern about the quality of the building work done next door made it necessary for me to protect my house.
I reluctantly decided to rebuild the conservatory to prevent further deterioration. I have started a Party Wall Award application for an extension.
Test pits have been dug along the boundary wall and an engineer's report obtained. It states that the underpinning does not support the boundary wall in places at all. More concerning is that the rainwater pipe taking rainwater from the roof has been cut at the underpinning and blocked with concrete. This has caused the main party wall foundations of the house to be flooded. This must be drained before work can commence to re-build my conservatory.
The surveyors dealing with my party wall application have advised that they are only able to make an award on the "notifiable works". My question is whether I am able to insist that they make an award over the cost of the repairs.
I have contacted my house insurers to see if they are willing to cover the costs of legal action but am unable to get a firm answer.
I am investigating the possibility of engaging a CFA solicitor.
