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Where does liability rest in this scenario?


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OH DEAR. Another bodging builder. / seem to me as if you are taking a chimney breast out on an old terrace propety. / Some times these are tied into adjoining propety and extreme must be taken in these cercumstances. ./ A good builder would realise this from the off. ITS your builders fault and he must rectify any damage caused to adjoining propety sounds like a right numpty to me. /Any work of this nature should be under building control as its very dangerous as there will be a chimney breast other side and you are are altering it structualy. Neighbour has to be notified as well. This is seriously dangerous for you and your family get it sorted A. S. P. [ IF he has taken his out previouly he should have notified you and B. C. ] Hope stack on roof has been taken down if not move out

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Is the chimney breast on an adjoining wall (semi detached property)? If so, did you obtain written permission to do this under the party wall act? We had a problem with our neighbour doing work which damaged our property and it was deemed the householders fault to repair and up to them to reclaim back from the builder.

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Stuartteresa is correct, your neighbour's first line of redress is from you. However it is ultimately the builder's baby. I personally cannot understand why any builder would not want to protect his reputation by rectifying issues, without argument.

 

Stuartteresa also makes the valid point regarding the party wall act. Your neighbour needs to be informed in writing, two months before the work is carried out. The whys and wherefores are a bit too complex to go into here, however, whilst a reputable builder may guide you through the process, it is ultimately the property owners responsibilty. It is worth bearing in mind that this also applies to any building regulation requirements on any project.

 

---------- Post added 26-01-2014 at 10:23 ----------

 

Its worth adding at this point that Building Control, Building Inspectors, are some of the most helpful folk in this business. They are not ogres. If a project requires building regs, never attempt to try and bypass the system. Retrospective work can be very costly and if they have to come in retrospectively, they are likely to come down on you like a ton of bricks (pun intended!).

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If you instruct a builder to carry out work on your home and in doing the work a neighbouring property is cosmetically damaged, where does liability for their rectification work lie? With the home owner for instructing the work or with the builder for not taking necessary precautions or carrying out a proper assessment prior to commencing the work?

 

The builder..that's why they have insurance...

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