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Chimney Breast

Posted: Fri Apr 25, 2008 6:14 pm
by eileen1359
Hi
Wonder if anyone can advise me.

Neighbours have been knocking down their side of chimney breast in all rooms. Whilst carrying out this work the builders did not pay attention and large amount of building rubble full on my central hearing back boiler. My house was covered in black soot from these works including carpet and wallcovering. They have also demolished load bearing wall and inserted steel rsj into party wall.

They sent Corgi registered engineer to sort my back boiler, but he left me with a major gas leak from Wednesday to Monday when we realised that something wasn't right with the boilder. Luckily for us this is our dining room and not lounge, or the consequences of this could have been fatal!

Questions are:
1. Should they have served Notice under the Party Wall Act 1996?
2. If they should have served Notice, what can I now do?
3. Either way what sort of compensation would I be entitled to?

Thanks

Posted: Fri Apr 25, 2008 9:54 pm
by ALDA
E,

1) YES.
2) ENGAGE A SOLICITOR.
3) THAT IS FOR YOU AND YOUR TO RESOLVE.

A.

Posted: Fri Apr 25, 2008 9:59 pm
by ALDA
E,

IF YOU DON'T LIKE THE SOUND OF LITIGATION THEN APPROACH YOUR NEIGHBOUR AND THEIR BUILDER DIRECTLY AND NEGOTIATE REPAIRS AND/OR RECOMPENCE.

A.

Posted: Sat May 17, 2008 6:02 pm
by LCL
eileen1359

In the first instance, a notice should have been served upon you under the Party Wall Etc Act 1996, this would have been a party structure notice..

I would suggest the following.

Consult a local Chartered Building Surveyor. You have a right to issue an injunction to susupend the works or can request a retrospective party wall award is issued.

The purposed of the award is not to compensate for noise etc, but ensure that you are protected, should any defects occur to your property that would not have occured had the works not taken place.

Also, if you raise a dispute with your neighbours, this must be disclosed when either you, or your neighbour sells.

Contact a Chartered Building Surveyor ASAP.

Hope this helps.

LCL