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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My neighbour has flouted the Party Wall Act and raised her

Customer Question

My neighbour has flouted the Party Wall Act and raised her external ground level by 3 foot above our damp course 1.5 inches gap to our side external wall. The is no drainage and we are having to pay for surveys to see if our home is at risk.
Continuing work to the rear means that further raising of the ground level will leave water draining on our property.
The property next door is owned by the Housing Association who have not prevented or corrected the work. They have just said that no damage has been caused to our property.
Our concern is that the works do not comply with building recommendations, could affect our property value due to future damp concerns. We are now having to instruct an internal wall inspection as any debris will allow damp into the internal walls.
Surely this cannot be legal. Why are we having to pay out for surveys to see if the work is to damage our home?
We Have had one survey already that just stated that the damp course has been breached, that the Party Wall Act had been breached, but presently there is no sign of Damp.
The Housing Association have said that if we get damp we have to prove it is their responsibly.
What legal recourse do we have for work bring carried out that beaches the party wall act and building regulations?
What do you suggest.?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Did the survey say what caused the breach, is it was it their fault?