Party wall Problems

Hi Peter,

Difficult to understand where the external wall you're talking about is in relation to your properties - do you own the wall?  Is your property damp as well, or just your neighbours?  Did your neighbour obtain planning permission for his underground accommodation?

Sorry to answer your question with more questions, but difficult to give a precise answer.  My initial thought is that, unless he sought permission for the underground accommodation and can prove it was built in accordance with the Town Hall architect's building standards requirements, I don't know why he thinks this is your problem - or is he just asking you to share the cost of repair?

Perhaps you could give us some  more information?

Kind regards,

Kim

Hi Kim,

Thank you very much for your reply it has made my day on yet another lock down day in the UK..

I have asked the same question regarding planning on a couple of occasions. It is part of a communidad "managed" by "Ayser Mediterraneo" who send me his complaints i have had no confirmation or otherwise that it is approved. I doubt it is as it has been for sale for over 3 years now.

We share the outside wall i am upstairs on a single level accessed by a yard and steps adjacent the wall, my neighbour has the ground level up a few stairs and the basement both of which are adjacent the wall. he has made the living accommodation downstairs by creating a spiral staircase through a hole in the ground floor slab.

My problem which i think you agree is that he has sent photographs of tiny cracks in the steps and tiling on the external wall even on the walls supporting the staircase which are 2 to 3 metres from the external wall of his basement. It seems to me he believes that the yard should be completely watertight but it is tiled and therefore water will seep into the ground below therefore relying on the damp proofing of the wall to keep it dry.

A couple of years ago at his request, I raked out the gap between the yard tiles and this wall and resealed it. Whilst raking out i found there were shards of a fragmented rigid very thin clear plastic sheeting which i assumed was the external water proof membrane which had obviously deteriorated,

My belief is that this is the cause of the problem as well as the place being locked up unventilated and unheated for 3 years.

I am trying to be reasonable but like you say i fail to see it as my problem to ensure this area is kept watertight as it is almost impossible.

Your thoughts and comments are and would be greatly appreciated.

Best Wishes

peter Kent

Hi Peter,

It sounds to me as if you have been very accommodating! 

When your neighbour developed the underbuild area of his property, he should have asked permission from your "community" and then obtained the relevant permissions from the Town Hall.  As you're receiving his complaints via the management company, I would write to them along the lines that you've "taken advice" and understand that the neighbour would have been required to seek permission from both the community (this is usually done by asking your community president or administrator to add the request as an agenda item at a residents' meeting) and also the Town Hall.  As such, you would like the management company's confirmation that permission was given by the community, including date and a copy of the relevant meeting minutes; and also ask them to obtain from your neighbour details of the planning permission, so that you can ask the Town Hall architect to check that the underbuild has been developed in accordance with relevant building standards.  I'd add that you feel you have done as much as could be reasonably expected of you, but it is not acceptable for you to have to continue spending time and money to rectify a problem that has not been professionally identified, and you can do nothing further without knowing the technical specifications required by the Town Hall.  I'd send the letter by recorded delivery.

I would be amazed if the management company or your neighbours are able to provide this documentation, but even if they do, you will at least be able to satisfy yourself as to whether the problem is your responsibility.  If they do provide the information, I'd seek quotes for appropriate structural advice, but then write again, saying that you will not be instructing a structural engineer until you receive written confirmation that your neighbour accepts liability for paying half the professional's bill.

I think it's important to remember in all this, that the onus isn't on you to prove that "your" wall is the problem.  The problem is your neighbour's and he needs to prove what's causing it.  But writing along the lines I've suggested give the impression that you're still trying to co-operate, but without accepting any liability.  If there is no planning permission, I wouldn't entertain further complaints from your neighbour.

Good luck!

Kind regards,

Kim

Hi Kim. 

Your response is fantastic as it sums up my thoughts in a very comprehensive and detailed logical way. 

It gives me great comfort to know that i am not responaible for something which is not of my making. 

I will keep posting if i may when anything happens so you can enjoy the knowledge of providing sound advice 

. Many thanks once again. 

Peter

Hi JD. 

Thanks for your response on this. 

It is a bit confusing as the neighbour doesnt seem to understand the need for a membrane on the wall below ground level and assumes a crack in an unconnected wall 2 metres away is a source of water ingress. 

Kim has i believe hit the nail on the head and is confirming  what you are saying that the damp is from below ground level and not above. I am at 1st Floor and have no damp problems whatsoever, nor did our neighbour until the property was vacant. 

Thank you for your help it is greatly appreciated and i will keep you posted as i get further info. 

All the best

Peter

Absolutely Peter, I'd love to hear how you get on.

Best wishes, 

Kim