smart51
|
| posted on 30/4/16 at 08:16 AM |
|
|
Building work - Neighbour indemnity
We've just bought a house and are about to start major building works before moving in. We've spoken to the neighbour a couple of times
and he's quite amiable.
Anyway, the building inspector came round. He looked at where we're going to replace a lean to at the side and build a side extension. The
inspector is happy to treat the wall as a party wall for building purposes (we don't need to build an inner leaf) but he strongly suggested we
serve a party wall notice on our neighbour, which we did.
The neighbour is the manager of a merc dealership. He gave our letter to one of his clients, the head of a big building firm. He said don't
sign it unless we give him a letter saying we will repair any damp on his side of the wall for ever. I'm not sure I want to go that far.
I'm happy to say we'll cover any costs of damage during the building works but I don't want an indefinite liability.
What is a reasonable position to put in a letter in this situation?
|
|
|
|
|
PorkChop
|
| posted on 30/4/16 at 08:48 AM |
|
|
See if you can get indemnity insurance to cover this, or if possible, alter the works to avoid the scenario in the first place.
|
|
|
Mash
|
| posted on 30/4/16 at 08:53 AM |
|
|
quote:
Originally posted by smart51
we don't need to build an inner leaf
I presume you're intending to only build a single skin, but why? I've just added an extra skin on the outside of an old extension that
previous owner built because of all the problems it had - damp, no insulation so really cold in winter, condensation - now I have a cavity wall so all
that has gone away.
quote:
What is a reasonable position to put in a letter in this situation?
Avoid the agro altogether by moving in from the boundary by 6 inches of that's possible ?
Just a thought, but obviously I haven't seen it so could be talking rubbish, I often do 
|
|
|
steve m
|
| posted on 30/4/16 at 10:55 AM |
|
|
"
Avoid the agro altogether by moving in from the boundary by 6 inches of that's possible ?
Just a thought, but obviously I haven't seen it so could be talking rubbish, I often do "
I would do exactly that, as the wall is on your land, and not his, it can not be a party wall
Also, make the wall out of breize blocks or something else that is not pretty to look at 
Thats was probably spelt wrong, or had some grammer, that the "grammer police have to have a moan at
|
|
|
jps
|
| posted on 30/4/16 at 11:17 AM |
|
|
quote:
Originally posted by steve mas the wall is on your land, and not his, it can not be a party wall
Also, make the wall out of breize blocks or something else that is not pretty to look at
I'm pretty sure this is wrong, party wall act (and liabilities) cover things within a certain proximity, not just 'touching' which
also relates to depth of ground works, so a 6 inch gap may make no difference.
And why aggravate your neighbour? You'll still have to live next to them!
|
|
|
Mash
|
| posted on 30/4/16 at 01:25 PM |
|
|
Indeed the party wall act does cover proximity, but I think that as long as your foundations don't go below the depth of his existing
foundations, then you should be OK (but still have to notify him it's going on:
If you plan to:
• excavate, or excavate for and construct foundations for a new building or structure,
within 3 metres of any part of a neighbouring owner's building or structure, where any part of that work will go deeper than the
neighbour's foundations (see diagram
6); or
• excavate, or excavate for and construct foundations for a new building or structure,
within 6 metres of any part of a neighbouring owner's building or structure, where
any part of that work will meet a line drawn downwards at 45° in the direction of the
excavation from the bottom of the neighbour's foundations (see diagram 7)
you must inform the Adjoining Owner or owners by serving a notice - see paragraphs 7
and 8.
But surely, your architect should be able to give you much better informed advice ?
|
|
|
smart51
|
| posted on 30/4/16 at 04:30 PM |
|
|
I perhaps need to explain better. There is an existing solid wall on the property boundary that is two bricks wide. Our existing lean to and next
door's side extension share this wall. The building inspector said we don't have to treat it as an external wall so we don't need
to build an inner leaf when converting it to a proper extension.
Next door's extension is taller than ours and has a flat roof. We have a sloping roof with a gutter above our side of the boundary wall.
We're going to raise the roof so that it's higher than theirs (our house is higher as we're on a slight hill). He's worried
that water will run down our roof and cause damp on his wall. The situation will be better than it currently is.
I've been and measured today and the gutter will be higher than his roof, just, so no water can get to his wall. I guess I just need to explain
that.
|
|
|
chillis
|
| posted on 30/4/16 at 07:36 PM |
|
|
quote:
Originally posted by smart51
I perhaps need to explain better. There is an existing solid wall on the property boundary that is two bricks wide. Our existing lean to and next
door's side extension share this wall. The building inspector said we don't have to treat it as an external wall so we don't need
to build an inner leaf when converting it to a proper extension.
Next door's extension is taller than ours and has a flat roof. We have a sloping roof with a gutter above our side of the boundary wall.
We're going to raise the roof so that it's higher than theirs (our house is higher as we're on a slight hill). He's worried
that water will run down our roof and cause damp on his wall. The situation will be better than it currently is.
I've been and measured today and the gutter will be higher than his roof, just, so no water can get to his wall. I guess I just need to explain
that.
If I've understood this correctly it's his wall that is at the boundary of the two properties and you are/have built upto/against it.
Whatever is there currently is accepted but once you change it then its new ball game. As its his wall he is entitled to some sort of ongoing
indemnity from you. What the building inspector says is irrelevant here as the building inspector is only interested in the building meeting building
code, the legal aspects between you and your neighbour are of no concern to him. Based on what you say you want to do I would want indemnity if I were
him as your plans sound as though they could cause issues in the future which you appera not to want to be responsible for. The guttering is
irrelevant, if water could potentially collect and cause damp anywhere on his side then you've caused/causing damage.
Having had a battle in the past with a neighbour who made changes that damaged my property and then found the neighbour did not have the financial
where withall to fix the problem, a problem that prevented me from selling when I needed to. Needless to say this was costly for me.
I would suggest if you want to proceed, to get sound legal advice so you know where you and your neighbour stand.
Never under estimate the ingenuity of an idiot!
|
|
|
smart51
|
| posted on 30/4/16 at 08:00 PM |
|
|
quote:
Originally posted by chillis
quote:
Originally posted by smart51
I perhaps need to explain better. There is an existing solid wall on the property boundary that is two bricks wide. Our existing lean to and next
door's side extension share this wall. The building inspector said we don't have to treat it as an external wall so we don't need
to build an inner leaf when converting it to a proper extension.
Next door's extension is taller than ours and has a flat roof. We have a sloping roof with a gutter above our side of the boundary wall.
We're going to raise the roof so that it's higher than theirs (our house is higher as we're on a slight hill). He's worried
that water will run down our roof and cause damp on his wall. The situation will be better than it currently is.
I've been and measured today and the gutter will be higher than his roof, just, so no water can get to his wall. I guess I just need to explain
that.
If I've understood this correctly it's his wall that is at the boundary of the two properties and you are/have built upto/against it.
Whatever is there currently is accepted but once you change it then its new ball game. As its his wall he is entitled to some sort of ongoing
indemnity from you. What the building inspector says is irrelevant here as the building inspector is only interested in the building meeting building
code, the legal aspects between you and your neighbour are of no concern to him. Based on what you say you want to do I would want indemnity if I were
him as your plans sound as though they could cause issues in the future which you appera not to want to be responsible for. The guttering is
irrelevant, if water could potentially collect and cause damp anywhere on his side then you've caused/causing damage.
Having had a battle in the past with a neighbour who made changes that damaged my property and then found the neighbour did not have the financial
where withall to fix the problem, a problem that prevented me from selling when I needed to. Needless to say this was costly for me.
I would suggest if you want to proceed, to get sound legal advice so you know where you and your neighbour stand.
I'm not sure that it is 'his' wall. Partly because it straddles the boundary. Partly because his side extension is made of
different brick. Partly because his extension isn't as long as the wall in question. I only mention the building inspector to add context.
I'm not basing my question based on what he said.
Trust me, I don't want to cause my new neighbour any problems. Your assertion that I don't want to take responsibility for the building
work we're doing is wrong. I just don't want to expose myself to more risk than I need to.
Indemnity insurance sounds like a good idea. I'll look into that.
|
|
|
