Party wall dispute advice

[Plumdaff]

Need some advice re possible dispute with neighbour.

We live in a typical Cardiff terrace, that we bought in 2017, our first house. In 2021 our neighbour on one side built a loft conversion. It's only with hindsight that we've realised they should have sought and obtained a party wall agreement, that did not happen.

In recent weeks we've noticed a crack in our kitchen ceiling from the party wall against that neighbours side. Looking into the roofspace there's clear evidence of a water stain against that wall, and on having a look at the roof, their builder removed some of our good slate tiles and replaced them with shittier ones against our permission. It's very obvious on viewing the roof.

I don't want to fall out with this (otherwise pleasant) neighbour any more than is probably inevitable at this point. My question is do I employ a surveyor straight away to work out the extent of works required, or do I go straight to a solicitor to fire off a letter asking them to act as if a party wall agreement were in place?

 

[A380]

To promote good relations I'd talk to your neighbour first and show them the damage. Their attitude will be a big pointer to the best way forward. TBF if I had caused this to my neighbour when I lived in a semi I'd have been mortified and would have taken it upon myself to ensure they did not suffer financially (via my builder and their insurance and my insurance) in the first instance.

There is a scale of response that goes all the way from them tasking their builder to come and make it good for you (tea and biscuits all round) to them fucking you off and you or more likely your house insurers) having to get solicitors involved. But the first conversation will give you a view on which way its going to go.

 

[Plumdaff]

Thanks A380. Should I get a survey so I'm 100% sure the damage has been caused by the extension before I have that conversation? I mean, I'm 99% sure but I'm a nurse, not a building surveyor.

 

[A380]

Should I get a survey so I'm 100% sure the damage has been caused by the extension before I have that conversation?

I don't know how you get on with them.


I'd have a conversation first. You are probably going to need to get a survey at some point but maybe not if they put their hands up to it straight away.

ETA sorry you have got to deal with this grief.

 

[kalidarkone]

I would speak to your neighbours and let them know your concerns and then contact your insurance provider.

Funnily enough I am in a similar situation. Both my neighbours did loft conversions and one of them one storey extention. Neither did party wall agreements. One of them (extention and loft conversion) outright refused despite me printing the party wall act out and meeting with him and explaining why it was a good idea . We have already fallen out big time after his builders intimidated me, put scaffolding over my fire exit while i was at work and trashed my garden.

I've never had an apology and despite me writing to him and explaining the intimidation and mental anguish he was complicit in , he has not taken any responsibility.

The guttering for his extention is actually in my garden.

Added to that I have extensive cracking on the other side and a surveyor from my insurance provider has been round to assess the situation and I am waiting for the report.

The shit is going to hit the fan though as I am planning to have an extention myself but neighbours have left me with less space. So I think they will have to take it down or pay me. I am absolutely prepared to go to court over this.

 

[Plumdaff]

kalidarkone that's bloody awful.

My partner really wants to be sure before we raise it with the neighbours, because it's been some time, but I think we'll speak to the neighbours as soon as the survey is done.

Funnily enough, one reason we want this fixed asap is we're planning to extend ourselves too.