Party Wall Act 1996

[pumbaa]

Anybody on here, or know of somebody, with experience/knowledge of the subject act of parliament.

I'm reading up about it now, but always useful to run thoughts past an independent third party.

[wiggy]

Planning officers at your local council will be happy to help if you have a specific query.

[Ardiles]

Is this to do with your neighbour and the porch?

[pumbaa]

Just spoken to the planning enforcement officer, and they don't deal with it. They consider it a civil matter. Bastards!

[pumbaa]

Is this to do with your neighbour and the porch?

Yes it is.

[Ardiles]

Sorry to hear it's come to that.  The lawyers I know are corporate lawyers...but will put a few feelers out.

[Arriba]

I know nothing about this,but could the citizens advice be worth contacting? Free advice and all

[pumbaa]

I've included the link to the act for others, mainly to see if I can made head or tail of this.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

Scenario is this. House is an end terrace with a small single storey porch with a flat roof lined with felt (small entrance hall, cloakroom and cupboard). My neighbour has built what is effectively a conservatory linking his porch to mine (in essence using the Party Wall of my porch as part of his structure) and put a standard perspex conservatory roof on. His problem is that his structure now has significant moisture ingress, caused (in the view of his contractor) by my porch roof. His contractor has been up on my roof and lifted up the felt (without my permission I may add) and claims that the batons are 'like mush'.

Now bear in mind that my neighbour did not apply for planning permission (which in the view of the council he should have), did not inform me using the regulations of the Party Wall Act (as attached) and did not even verbally inform me of the work being done, either the nature of it or when it would start.

I'm just after advice as to what I can do, but any way up, its likely to cost me a significant sum of money which I'm frankly mightily pissed off about.

[Samdy Gray]

I may be being dumb here, but what are you trying to achieve? Is your neighbour asking you to get your porch roof fixed because it's causing him problems? If so, didn't you say before that you have no water ingress in your house? I'd be inclined to tell him to go and swivel and that if he wants to pursue it you'll see him in court.

[Ardiles]

This is the bit I don't understand.

Just spoken to the planning enforcement officer, and they don't deal with it. They consider it a civil matter. Bastards!

What is the Planning Dept at your local council for if not for enforcing something as blatent as someone putting a structure at the front of their house without planning permission?  Seems to be the problem would be most easily solved by someone in authority telling your neighbour to take his extension down.

[4D]

Can't you tell him to take away what he has connected to your property, problem solved. What does he actually want?

[pumbaa]

This is the bit I don't understand.

What is the Planning Dept at your local council for if not for enforcing something as blatent as someone putting a structure at the front of their house without planning permission?  Seems to be the problem would be most easily solved by someone in authority telling your neighbour to take his extension down.

Nor do I, frankly. They will be sending my neighbour an enforcement notice and telling him that he has to apply for planning permission (albeit retrospectively), but they are only really concerned about appearance and aesthetics (in terms of impact to others) rather than the particular issue I/we now have. Its impact to me from that perspective is minimal.

I may be being dumb here, but what are you trying to achieve? Is your neighbour asking you to get your porch roof fixed because it's causing him problems? If so, didn't you say before that you have no water ingress in your house? I'd be inclined to tell him to go and swivel and that if he wants to pursue it you'll see him in court.

In summary, he wants me to get my porch roof fixed as its stopping him completing his work. He's already offered to pay half the cost, but I've not agreed to anything yet. And yes, we have no water ingress or damp that I can see in the general area that's affecting them. I don't want to take legal action, much rather sort it amicably, but I do need to understand my legal rights before we have another discussion on the matter.

[4D]

Just say no thanks, I didn't ask for this and I don't want it!

[pumbaa]

Its not quite that easy though, the structure is all built and their just waiting to finish the job. I also don't want to be a complete bastard as they have two young kids (so can to some extent sympathise with them), but the fact of the matter is they didn't do this the right way, and now they are expecting me to cough up to fix something that wouldn't have been a problem had they not done this.

[4D]

Just say, you are welcome to fix my property to help solve the problem, but I ain't paying for anything! Any job can come up against a glitch, he should have budgeted for that.