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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8082
Experience:  Solicitor
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I have building works going on next door to me (1 shop &

Customer Question

Good morning, I have building works going on next door to me (1 shop & flat being turned into 5 flats) scaffolding in my garden, lots of mess, lots of early noise (7am, sometimes before that) no fence separating me from them. They didn't ask for permission for scaffolding until the day it was going up. I've not had anything in writing and never signed anything (party wall agreement). I am now concerned they will not 'make good' to my property when they are finished (my windows are covered in cement as the scaff if an inch away from my house). Where do I stand legally please? Your help is really appreciated, thank you.
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 5 months ago.

Have they refused to do so, thus far?

Customer: replied 5 months ago.
Hi Jamie, thanks for getting back to me. I am not discriminating but the guys on site are all foreign and don't speak english. Who I think is the site manager is hardly ever there and when he is, he lies to me - is this what you mean?
Expert:  Jamie-Law replied 5 months ago.

Ok. Can you ask them to confirm in writing they will make good any damage?

Customer: replied 5 months ago.
That's what I'm trying to do now but they say they will do it and they don't. What about the 'party wall agreement'? Is that a legal document and should I have signed something?
Customer: replied 5 months ago.
Can I draft something for them to sign and would I need a witness if so?
Expert:  Jamie-Law replied 5 months ago.

No. The presumption is that they would make good any damage anyway. That is because you have allowed them access to your land.

Had it not been for that then the damage would not have occurred.

But if you can get something in writing, the better. It does not need to be witnessed.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
One more question please - can I get any compensation for the distress (early morning disturbance) and mess on my land?
Expert:  Jamie-Law replied 5 months ago.

If they clear the mess up then no.

If they are working within building times permitted by council then no.

Does that clarify?

Customer: replied 5 months ago.
Our times are 7.30am start and the council have spoken to them but they are ignoring - I have video evidence of everything
Expert:  Jamie-Law replied 5 months ago.

Ok. You could potentially.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
Thank you for your help
Expert:  Jamie-Law replied 5 months ago.

No problem. Please take a moment to rate before you go.