Builders from hell - Advice needed Post Reply

[Floris27]

Ladies and Gents,

I wonder if you can give me some advice. As you know we live in a myriad of property conversions with builders at every corner. We have a massive project going on next door (for the past 9 months) which has really blighted our enjoyment of living in the area. We didn’t try and obstruct the planning permission as our view was that everyone has the right to improve their own home should they wish to. The problem is the behaviour of the builders and the building company.

We have been led to believe the people that own the house are overseas buyers who we have not heard from once during this process. This leaves us with the only option to communicate our displeasure directly to the building company (I’m so tempted to name and shame them but I don’t think that would benefit us particularly) Who have done nothing to try and improve the situation. I’m not talking minor issues, its things like covering our windows in cement so we can no longer see out, using our property without requesting permission, damaging it inside and out. The builders have also been threatening in their behaviour when I asked them not to do things like spray sparks/ drop bricks into my garden where my 20mth old is playing.

We do have a party wall agreement but I know this will only come into force once the work is completed. I’m dreading the day when the owners actually move in because I know I’m not going to be able to hold back.

Can anyone who has been in a similar experience offer and advice?# Is there any legal framework that can protect us or do we have to just ‘suck it up’?

Any thoughts would be appreciated!

[supergirl]

Floris
I soooo feel your pain, we have been there. Our neighbour bought a flat, converted the loft to sell it. No problem so far but our party wall surveyor specified that the scaffold at the back should have a net for safety as we have 2 young children. They didnt despite me pestering pretty much every other day. One day a brick fell in our garden, needless to say it would have killed a child instantly because of the height it fell from. I was beyond furious.
I took a picture and send them an email: party wall surveyor, builders, the neighbour and copied my husband. I just simply say that i couldnt begin to imagine the consequences for them should one or two of our child been on the receiving end. I also say that the net needed to be up by the end of the morning or i will take action. I hadnt removed the brick for evidence. Guess what the net was up within 20min.

Here are your options:
1. Call the building control at the council and ask them what are your options. Dont give the address of the property yet.
2. Call the builders or see them WiTH a witness (because you say they have aggressive) and tell them that this is the final courtesy warning. That if they dont comply you will call the building control again to report them. Building control will issue a warrant to stop the work until they repair the damages on your property.
3. Dont forget to report it to the party wall surveyor
4. Take pictures
5. If all fail which i doubt get the police involved as they are trespassing on your property.

I tell you threatening with stopping the work will do the trick because in a builder perspective loosing days of work cost loads.

PM me if you want to know more and good luck. Yes everybody has a right to improve their property but not behave like cowboys. Sx

[Floris27]

Thanks so much for your response supergirl. It is really helpful indeed. Sorry you had such a tough and dangerous time with your neighbour’s builder. I’m glad that you were able to find a solution in the end but find it frustrating that you had to go through so much to get a simple request adhered to. I find it staggering that in an area like this that builders are allowed to do what they please regardless of the consequences. I do appreciate that there are a some good ones out there but only speaking from direct experience. I’m not normally one for regulation but I think damaging other people’s property/putting children at risk is where the line should be drawn.

[legalconsultant]

what a dreadful situation. I agree with much of what supergirl says. I would also add these thoughts (I am a solicitor specialising in construction law and dispute resolution):

1. the police won't be interested in trespass - it is a civil matter i.e. you have to sue in the County Court. Costly and not terribly satisfactory.

2. try to contact the owners and appeal to their "neighbourliness", or at least, to put them on notice of problems (so they can't complain later...).

3. keep records and take photographs - in case you have to take action 1. or 2. above.

4. No-one has the "right" to damage your property. Party wall is irrelevant. Builders are liable and should correct the damage to your windows etc at no cost to you. Ask the site foreman (i.e. whoever looks in charge/ is there most often) (witness in tow a good idea), and if they refuse, write to the company - assuming you can identify it (often difficult). Take vehicle numberplate if necessary and try to trace through DVLA if all else fails.

5. If the site is dangerous, contact Building Control for a health and safety inspection. They have power to shut the site or issue notice to improve depending on seriousness of safety breaches.

PM me if any more advice needed.
All the best.