Neighbour decking has been fixed to party wall causing damp issue

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tellrbm
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Joined: Wed Jan 12, 2022 9:06 pm

Neighbour decking has been fixed to party wall causing damp issue

Post by tellrbm »

We are in a mid terrace house with a rear living room. On the other side of the liiving room is the neighbour's back garden. I think this makes it a party walll (please correct me if this is not right).

We have noticed what looks like damp coming in on that shared party wall.

Last year I was invited by the tenant that is currently occupying the neighour's property into their garden to retrieve a ball during one of the lockdowns. The neibougr's property has decking installed that runs all the way to the party wall. From a quick look under the decking, it appears that it has been fixed to a beam that has been attached to the damp course part of the party wall. This has presumably compromised the damp course's ability to function as intended and is the most likely cause of the damp.

Note I have not had this confirmed by a survey or damp expert (yet).

The decking was installed by the previous owner of the property next door. They did not seek permission to fix anything to the party wall.

The current owner of the neighbour property sought our permission to attach an awning to the party wall last year and we declined and they were ok with that.

So my question is, if I get a survey or report that states the damp coming into my property has been caused by interference with the damp course, do I have a legal right to ask that whatever has been fixed to the damp course is removed? Would I have any legal entitlement to the cost of any repairs to my property or remedial work should it be needed?

thanks in advance.
Collaborate
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Re: Neighbour decking has been fixed to party wall causing damp issue

Post by Collaborate »

There is a current thread very similar to yours viewtopic.php?f=10&t=22650

What you are saying is the ll is damaged (subject to a report from a damp specialist) so you may want to use the PWA to get it repaired, as you are in good terms with the owner you should get your damp report and then present it to them. If the cause of the damp is their decking you may have a case for them to pay towards remedial work. If there is another cause the PWA serves to protect them by ensuring inter alia that you leave their garden as you found it.
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