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Derby Surveyors Report on a badly planned extension

2017

Nottingham

Dear Madam

Boundary Dispute and Water Ingress.

Instruction

To prepare an expert report on instruction of the Mrs with a view to resolving a dispute in connection with boundaries between her property and another

2.         Qualifications

I am Steven John Macgregor Butler, a Member of the Royal Institution of Chartered Surveyor trading as a sole practitioner. I qualified in 1992 and have in excess of twenty years’ experience of preparing reports on boundaries.

3.         Documents.

Conveyance dated 24^th March 1980 of. Appendix 1

4.         Description

The properties subject to the dispute are a pair of two storey terrace houses. Number  is to the south west of number   and the original house projects slightly further forward towards   than Number  . Number   was the first house to be built and Number  leans against and shares its flank wall which is likely to be about 300mm thick. Photograph 1 of Appendix 2

At the rear of   there is a single storey flat felt roofed porch with 112 mm brick walls that projects about 0.8m beyond the rear elevation of Number  . Beyond the porch is a boiler room that projects a further 2.4m towards   and steps a further 150mm towards Number  . The effect is to create an 800mm x 150mm ‘cut out’ adjacent to the porch north east wall that would have accommodated the downpipe of Number   The ‘cut out’ is shown at Photograph 2 and is common to other properties in the row as shown by Photograph 3

Latterly Number   has built and single storey extension adjacent to the cut out for the downpipe almost immediately adjacent to wall of the boiler room of Number  . The wall of the extension actually abuts the roof of the boiler room so that the felt of the boiler room roof is trapped.

The roof of the extension projects beyond its own flank wall by 40mm to accommodate the plastic cladding, a further 40mm to accommodate the tiles and a further 10mm to accommodate the tile plastic edge cladding. The total projection over the boiler room roof is thus 90mm See Photographs 1 and 2.

The original downpipe for Number   has been re-routed so as to drain on to the extension roof. The positioning of the downpipe is such that water is able to ‘spit’ from the spout into the cut out that once accommodated the downpipe of Number

Measurement suggests that the floor level of the ‘cut out’ has been raised to 700mm above the floor level of the porch and boiler room and has a cement or concrete cap if not wholly filled with cement and concrete. There is no evidence of any drainage arrangements for the cut out.

Mrs   the owner of Number   claims that the roof edge of the extension projects beyond the boundary and that water is leaking into her boiler room since the construction of the extension at Number  .  Photograph 4. Importantly it is possible that damp is accumulating behind panelling in the porch of Number   where is may be causing hidden damage.

The construction of the extension will make it difficult to affect maintenance to the boiler room roof as there is now no means of securing the roof felt. Photograph 2.

5          Law

I have considered that the following case may be applicable to this matter:

Acco Propertis LTD V Severn CHD 1 APR 2011

In this case the judge sets out considerations for determining a boundary. I have attached his comments as an Appendix 3

The Party Wall Act and Law of Property Act 1925 are also relevant.

6          Analysis

In Acco and Severn the judge states a number of considerations for determining a boundary:

1. The language of the conveyance aided by any plans.

Section 4 of the conveyance from 24^th March 1980 states that the house and outbuilding walls separating the properties are party walls.

2. Intrinsic features

The wrap around of the boiler house and porch in relation to Number  ’s flank wall are consistent with the wording of the conveyance

3. Adverse Possession

There is no evidence that this is applicable.

4. Boundary Agreements

None known

5. What the parties might consider that they were purchasing.
6. Properly advised parties would have known that the boiler house and porch walls were party walls.

The Law of Property Act 1925

The Act states that in the absence of documents to the contrary that party walls are to be considered to be divided vertically along their run. Thus approximately 61mm of the 112mm boiler house and porch wall would belong to each party. The tiles and plastic cladding of Number   thus project beyond the boundary by 29mm above the boiler house roof for a length of about 1.35m

The Party Wall Act

Mrs   was entitled to be consulted about the proposed extension under the Party Wall Act as its foundation would be below those of her outbuildings and the extension directly abuts the boiler house roof.

If she had been consulted she could have objected to the proposed projection of the roof edge and the raising of the ground level in the ‘cut out’ 700mm above the floor of her porch and the boiler room whilst at the same time blocking the former drainage gully.

She would also have objected to the wall of the extension abutting the boiler room roof unless satisfactory arrangements were made for the future securing of the felt.

Effects of the works

The effects of the works at Number   are thus that the roof edge projects beyond the boundary by 29mm for a length of 1.35m

The ground level in the ‘cut out’ has been raised by 700mm and has no means of drainage than to soak through the adjacent walls which is consistent with the damp in the corner of the boiler room. The raised ground level might also act as a conduit for rising dampness in the porch and boiler house as it considerably bridges the damp proofing arrangements.

The badly positioned downpipe spits water into the cut out exacerbating the dampness problem.

It will be difficult to secure the felt of the boiler house roof when it needs to be replaced as part of routine maintenance. It would be normal to negotiate such an arrangement as part of a party wall award.

Solution

It is considered that the cheapest solution to the matter would be to remove the roof of the porch and demolish a section of the wall of the porch at number   that abuts the cut out. The ground level in the cut out can then be lowered to below that of the floor level at number   and ensure that it has good drainage. The porch wall can then be rebuilt, re-plastered/ lined and decorated and the roof reinstated.

It wound be helpful if possible at law if The Court could award Mrs   and injunction allowing her to attach metal weather proofing to the wall of the extension at Number  so as to be able to cover the ‘cut out’ and secure the covering of the boiler room when replaced, and ordering Number   to alter their downpipe.

Mrs   has lost the right to receive a consideration in respect of agreeing to the ‘overhang’ of the roof edge of Number  ’s extension into her air space. I think that had Number   followed the protocol of the Party Wall Act that the value of the few extra millimetres of the extension would be small and that they might at most have offered Mrs  £250.00 for her air space.

The reconstruction of the porch will result in several days disturbance for Mrs  . Compensation for this nuisance is however a matter for the court.

It would be beneficial if there was a metal flashing where Number   abuts the boiler house roof to stop rain running between the two buildings.

10        Conclusion

The roof edge of the extension crosses the boundary by 29mm for a length of about 1.35mm. I consider that if an agreement had been negotiated this might have been for a consideration of a few hundred pounds, say £250.00, or Number   would have simply redesigned the extension.

The raising of the ground level in the cut out is likely to be the cause of the penetrating dampness and in the longer term is likely to cause rising dampness and requires remediation. I expect that this work can be carried out for less than £2500.00.

Mrs   will suffer several day’s disturbance whilst the work is carried out but the value of this is a matter for the court.

Relocation of Number  s downpipe would help reduce the risk of dampness.

A right for Mrs   to cut a weather proofing strip into the wall of the extension would be of considerable help in keeping the ‘cut out’ dry and is considered to be essential in order to be able maintain the boiler house roof.

11        Statement of Truth

11.1     This report is prepared in accordance with the Royal Institution of Chartered Surveyors Expert Witness Practice Statement.

11.2  I, Steven John MacGregor Butler, declare that:

1. I understand that my duty in providing written reports and giving evidence is to help the Court, and that this duty overrides any obligation to the party who has engaged me, or the party who has paid or is liable to pay me. I confirm that I have complied with this duty and will continue to comply with this duty.

2. I confirm that I have made clear which facts and matters referred to in this report are within my own knowledge and which are not.  Those that are within my own knowledge I confirm to be true.  The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer.

3. I have endeavoured to include in my report those matters which I have knowledge of or which I have been made aware that might adversely affect the validity of my opinion. I have clearly stated any qualifications to my opinion.

4. I confirm that I am aware of the requirements of Civil Procedures Rule 35, Practice Direction 35, of the Civil Justice Protocol for the Instruction of Expert to Give Evidence in Civil Claims and the Practice Direction on Pre-Action Conduct.

5. This report has been prepared in accordance with the Code of Practice for Experts.

6. I have indicated the sources of all information I have used.

7. I have not, without forming an independent view, included or excluded anything which has been suggested to me by others (in particular my instructing lawyers).

8. I will notify those instructing me immediately and confirm in writing if for any reason my existing report requires any correction of qualification.

9. I understand that:
   1. my report, subject to any corrections before swearing as to its correctness, will form the evidence be given under oath or affirmation.
   2. I may be cross-examined on my report by a cross-examiner assisted by an expert.
   3. I am likely to be the subject of public adverse criticism by the Judge if the Judge concludes that I have not taken reasonable care in trying to meet the standards set out above.

10. I confirm that I have not entered into any arrangements where the amount or payment of my fees is in any way dependent upon the outcome of the case.

Steve Butler                                                                                               
Appendix 1

Conveyance of   dated 24^th March 1980

Appendix 2 – Photographs

1. Numbers 14’s boiler house and porch with Number 13 beyond.

2. The ‘cut out’ between the porch and extension. Note the damage to the felt and incomplete flashings. Note that the felt on the boiler house roof can no longer by tucked over the edge of the roof to secure it when replaced

3. The ‘cut out’ arrangement on nearby properties

4. Damp in the corner of the boiler house

Nottingham Chartered Surveyors Expert Report on a badly planned extension and consequences for a neighbour

RICS Building Survey

Building Survey is owned by Steve Butler - Chartered Surveyor, a member of the RICS Buidling Survey division.

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