Party Wall Claim

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    Party Wall Claim

    My neighor has written to me regarding problem with chimney stack which resulted from RSJ being inserted into it during loft extension.

    at the time I was lead to beleive that party wall notice was served by the architect. anyway it turns out that didn't happen.

    the works took place in 2011 and the 'issues' have only been bought to light just now (i.e. 2015).

    can anybody here offer any tips on best way to handle the situation going forwards ...?


    I am assuming you carried out the works and that the effected properties are in England or Wales.

    No structural member - irregardless of what its made of - should be inserted into a chimney stack. If it has been then it shouldn't have been signed off / passed by Building Control.

    If this is the case then you have a difficult position from which to defend from.

    Regarding the Notices under the Party Wall Act. Do you know for sure your Architect didn't serve them? Did you give clear instruction for them to do so? If you did then you do have a separate claim against them to recover your costs.

    It is / was your responsibility to ensure Notice was served. If you failed to do so then. that means, in Court, that you have to prove your works have not led to the damage.

    I would suggest you contact a local Professional - either a Building Surveyor or Structural Engineer - who has knowledge and experience of the Party Wall Act. Explain the situation, provide copies of the claim and seek their advice.

    Unfortunately, on the information above, it sounds like you have some repairs and alterations to make.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.


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