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  • Party Wall act

    Has anybody else had a neighbour that will not abide by an award?

    Our neighbour had to be forced to employ surveyors.

    Now he will not abide by the award? Any ideas?

    The work has been done without insurance, serving of notices, built to plan and outside the agreed hours!!

    We have damage from damp where spoil has been bridged our damp proof cause.

    Please help I intend to sell as soon as I can but at present my property is unsellable. I need out of here!

  • #2
    hi there



    welcome to the forum, I think the best start here is to go back to the council planning office and let them sort it, they need to be aware that he has breached planning

    a case in leeds this week, a block has had to be demolished because the builders tried to pull a fast one and add an extra floor, the whole lot has come down now...and they hadnt even got round to adding the extra floor!!



    if your NFH has built illegally they will want to know about it, and if he has already been told to follow certain guidlines and is delibratly going against it they will want to know, they have ome power in that department I assume, if they can make a builder knock his house down they should be able to make your neighbour ahere to the rules.



    I know there are other members who have had similar experiances who should be able to help you out here



    good luck!

    Comment


    • #3
      Hi itsame



      Welcome to the Forum!



      I am not sure if you have already had solicitors involved?



      And also, is the 'award' a court order or agreement?



      If it's a Court agreement that your NFH is not adhering to, then they are in contempt of Court which is serious - punishable by a sizeable fine and/or imprisonment.



      Also, if they have not had the relevant permissions to start this work, you need to get onto Planning and Building Control at your local Council ASAP and tell them. Planning might not be necessary if the development is under a certain size (or if it's not a conservation area etc), but Building Control will definitely be needed.



      Just give us a little more info so we can get you the best advice



      Mazza

      Comment


      • #4
        Hi itsame and welcome to the NFHiB Forum Board



        Like mazza, I'm a bit unclear about the situation you're in at the moment and would be grateful if you could clarify it.



        What is the award? :unsure:



        And what is/has your neighbour actually done? Have they built something attached to their house without planning permission? :unsure:



        If something your neighbour has done has caused damage to your property, then obviously you will need to start some kind of action against them.



        Have you got legal expenses cover as part of your Buildings/Contents Insurance? If so, have a chat to them to see what help they can give you.



        Have you talked to your neighbours about what they have done? If so, what has their response been?



        You have definitely come to the right place and I'm sure more memebrs will be along shortly to offer you advice and support.



        Holly :ban:

        Comment


        • #5
          Our NFH has built extensions onto his house and we believe that hey have had no planning consent..



          If your NFH hasn't either I think the Council can have the buildings/extensions taken down. I do believe tho that if they have stood for more than 6 years there is nothing the council can do to have them removed.



          Good Luck



          Comment


          • #6
            Thanks for all your replies. Our NFH has had to have an award drawn up under the party wall act 1996 as our home is old with shallow foundations. We have been to both the council who say it is a civil matter and they can't get involved and the solicitor has mnot had a case like this before nither have the two surveyors! Our NFH is far from cooperative I bet you knew as much! He is firmly of the opinion that he can do what he likes and the rest of us have to lump it! Nice chap. A keen DIY type. I just don't know where to go from here. The surveyors are still involed with the case. I do have insurance but I am 4 days short on the waiting period! Who says my gaurdian angel is taking a rest!

            Thanks for your help please keep my problem in your thoughts there must be a solution.

            Comment


            • #7
              Hi Itsame and welcome to the forum.



              The Council can't enforce requirements under the Party Wall Act. Stupid I know, but there it is.



              Also anybody can build whatever they want without planning permission. This can then be applied for retrospectively. Of course the risk here is that the person carrying out the works runs the risk that it may have to be taken down.



              So that's the lie of the ground.



              However the good news is that you can apply for an injunction to have the works stopped and this will be served on your neighbour. You will have a copy.



              If he then carries on with the work you can call the police and he will be arrested for breaking the injunction.



              Go to your local County Court who will be able to help you through the procedure. I don't think its difficult. There will be a fee but I don't think this is too much and once your neighbour follows the rules, I think you can claim for the cost back as part of the Party Wall Act.



              It may be worth having a trawl through the walls forum on Gardenlaw.co.uk as this is likely to have been raised before.



              Your NFH sounds like a chancer and thinks he can get away with it. The injunction should make him realize he can't.



              Of course you may then be the subject of some choice words from your NFH. Ignore him completely if he goes down this route.



              HTH



              RockBank
              Now, these creatures are bringers of death and misery. They will never eat, they will never sleep, and they will never stop.



              We are part of an ancient secret society. For three thousand years we have guarded the Cities and Towns. We are sworn at manhood to do any and all in our power to stop the NFH from ever being reborn into this world.




              So what's the plan?



              Rescue the damsel in distress, stop the bad guys, save the world.

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