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https://www.askthetrades.co.uk/cgi-bin/yabb/YaBB.pl DIY Forum >> Building Questions >> DPC Bridged by next door's drive https://www.askthetrades.co.uk/cgi-bin/yabb/YaBB.pl?num=1256846015 Message started by dazzler on Oct 29^th, 2009, 7:53pm

Title: DPC Bridged by next door's drive
Post by dazzler on Oct 29^th, 2009, 7:53pm

Hi.

A neighbour has constructed a drive between his and a friend's property. The paviours butt upto my friend's wall, approx. 75mm above DPC. I know this is wrong (project Manager, been in the trade 20 odd years). Advised my pal to speak to Building Control, who have advised block drives are not covered by the Regs so they do not want to know! All literature and good practice guides advise agaisnt this, as you probably know. When approched, the neighbour advised that he can come up to 1mm of the property without being in the wrong. Any advice regarding getting assistance for my mate, other than going legal, which is the last resort?

Thanks for your views,

Dazzler. >:(

Title: Re: DPC Bridged by next door's drive
Post by CWatters on Oct 30^th, 2009, 12:04pm

See "Council repairs had bridged my amp proof course" here...

http://www.periodproperty.co.uk/ppuk_discovering_agony_uncle_200905.shtml

Quote:

There have been a number of cases in recent years where highways departments have resurfaced roads and pavements and caused problems by increasing ground levels. In fact I am involved in one case like this at present.

The general rule is that if anyone does anything beside your property that then has a detrimental impact and causes damage to or in your property then the neighbouring owner should be asked and can eventually be made to deal with the problem and remove the cause of the damage. Of course this is a legal matter that you would need to speak to solicitors about.

When the problem relates to Highways there can be problems in that Highways Departments are generally unsympathetic.

You will need to establish that the Highways Department have indeed raised the ground level and caused problems. You will need a report from a building surveyor or someone who can state from a professional point of view what the problems are and what needs to be done to rectify the problems. You can then take this to the Highways Department and ask them to sort it out. If they refuse you can seek advice from a solicitor about legal action.

You may be able to gain support from the Conservation Officer if the building is listed because of course the work that the Highways Department have carried out is causing damage to a listed building. Arguably the fact that they have raised the ground level against the listed building is something for which listed building consent should have been obtained and it may be that the Conservation Officer could take this approach with the Highways Authority and bring some pressure to bear on them to sort out the problems.

The cases that I am aware of have never actually been through the complete process of a court hearing for a judge to make a decision that could be quoted. In the instances I am aware of the matters have always been settled out of court. However, those I am aware of have always been settled in favour of the home owner against the Highway Authority. I think the one you refer to is a case in Cambridgeshire from approximately 2 years ago. In that instance the case was settled out of court but the sum paid by the Highways Authority equated to the amount the home owners were seeking through the court anyway.

The propblem as I see it is that the neighbour is only liable for damage. Until that damage occurs he may not be liable. I would get your friend to show him the above and point out it would be a lot cheaper to dig up the edge of the driveway now rather than wait for a damp problem to occur over the winter.

If he refuses seek legal advice. Your friend may have a right to enter your neighbours garden to do the necessary work himself to tank his wall either under..

a) the Access to Neighbouring Land Act 1992
b) the Party Wall Act or
c) Covenants in the deeds to either house.

Before taking any direct action it's essential he gets legal advice and follow any legal proceedures the acts insist on to the letter. Otherwise it can get expensive real fast.

By the way, it's possible the neighbour needed planning permission for the new driveway and your friend might be able to use that as a bargining tool.

http://www.planningportal.gov.uk/england/public/buildingwork/projects/workcommonpatiodrive

Title: Re: DPC Bridged by next door's drive
Post by Bayden_Rank on Nov 16^th, 2009, 5:21pm

CW makes some good points. Do not assume that the Building Control officer would be concerned with planning regulation - they may share an office with the Planners but it is often as if they do not talk to each other. My neighbour has had various works carried out [new garage - extended bedroom (which affected the front elevation) and rear extension] that required planning go ahead of one sort or another but never applied for one. Each one of above by the way involved 'Party Walls' . Each time however Building Control have attended to sigh off their bit.