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I'm hoping for some advice please regarding a shared boundary wall damaged by a neighbour's tree and leaning dangerously towards my garden. The landlord had the tree removed a couple of years ago but the wall is still leaning dangerously and I have noticed new cracks appear. I am worried that it will could collapse into my garden at any moment and have stopped my children using the garden due to this concern. I have contacted the landlord of the property on numerous occassions and also the local council but to no avail. What are my next steps? Can I take them to the Small Claims Court for the costs of getting the wall rebuilt prior to getting the wall done? Any help is gratefully received.
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Who have you contacted at the Council?
It is really down to the Council to sort this out, phone them and email them. Then chase it until it is resolved.
https://www.gov.uk/report-dangerous-building-structure
E.G. https://www.barnet.gov.uk/planning-a...g-or-structure -
Thanks for the reply. I have previously contacted the council department that look are rented accommodation and they said it was iout of their remit. Thank you for the suggestion to contact building control which I have now done. If I get no joy with them, what is the next stage?Comment
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If it's dangerous, it's a council remit, end of. Make a formal complaint, tell them you will lodge a complaint with the LGO.Originally posted by ashburton View PostComment
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The Council responded to say in this instance a breach of planning control has not occurred and no action can be taken by the Local Planning Authority.
They have again started that it's a civil matter which planning cannot resolve. They have confirmed that wall is curtilage listed due to being attached to the neighbour's Listed Building. Not sure what to do now!Comment
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You said it is a boundary wall.
Do you own or rent your property?
Is the wall abutting the boundary or astride the boundary?
Do your property deeds or Land Registry file make reference to who should maintain the wall or if it is a joint duty?Comment
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I own my property and the land registry file does not make reference to the wall at all. I have spoken to Land Registry and they have said that, since the wall is no referenced in either deeds, it is a shared boundary wall. I don't know if it's abutting or astride the boundary.Comment
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Assuming it is a shared boundary wall (ie sits astride the boundary) and with nothing in the deeds it is a shared responsibility to maintain it.
Normally this would be on a 50/50 share, but if damaged by a tree, the tree's owner would bear a larger share.
However your council are saying it is curtilage listed as attached to a listed building, and this would indicate it belongs to your neighbour
The implication is that listed building consent might be required before it can be rebuilt
If the wall is dangerous, you can give the owner written notice of the danger.
Also inform the local authority (Building Control dept) who should put a dangerous structure notice on it. The LA have an obligation under the Building Act 1984 to deal with dangerous structures in its area. Remind them of their obligations.Comment
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Sorry to jump back on this post but I have an update. Building Control have visited and have agreed that the wall is dangerous but, as they have no paperwork stating who the owner of the wall is, they are sending letters to both myself and neighbour.
Where does this leave me? Do I need to prove ownership? If they ignore the letter from Building Control what happens?Comment
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Well if the wall is included in the listing, someone will have to obtain listed building consent.
The wall will have to be repaired, and if you can show the damage was caused by the neighbour's tree it is up to them to pay for it.
Doubtlessly the landowner will attempt to share the cost, but at the moment just wait and see,Comment
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We are in a similar situation we reported a dangerous structure and council came out and said they could do nothing as it was a rear garden.The wall is in a much worse state now .So how did you get the council to come out and take it seriously ,I'm told it doesn't affect the public so not their problem.
I was tempted to report it again but website says they will only take action when it affects the public.Comment
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Drpepper99 could you start your own thread please for the avoidance of confusion.
The law regarding councils interaction is that they may....so some don't!Comment
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I just used the wording that des8 suggested that "the LA have an obligation under the Building Act 1984 to deal with dangerous structures in its area" which got them out. Still nothing has been done by the landlord of the other property yet!Comment
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The landlord has now complied with the dangerous structure notice from building control and have reduced the height of the wall to about 3 feet, however they are refusing to rebuild the wall. I have contacted Planning as the wall is listed and in a conservation area but is there anything else I can do?Comment
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