external wall insulation

crol

Registered User
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we're just moving into a second hand home we bought at the moment.

all the houses in the estate were built from the same plans with a side passage to the right and the neighbors house wall running down the far side of this.

about 3 years ago, our neighbor did a major renovation with planning. as part of this work (but without planning permission) he installed 150mm of external wall insulation on his side passage wall.

when going through conveyancing, there was no planning or agreement was identified on the ewi installation in the side passage.

we do not mind living with the a slightly narrower side passage but there are a few problems.

the builder/installer was a messer and the wall render is extremely fragile (an infant could kick a hole in it) and our neighbor is now complaining that there are a couple of holes in it and asking us to be extremely careful about it.

firstly, what are our rights and responsibilities here? could they make us pay for damage to their fragile render which is (as far as we can tell) trespassing on our land?

secondly, if the worst comes to the worst, could we get the render removed? and how would we proceed with this?

we do not want to get into a fight but would just like to know where we stand legally as we are not happy with the prospect of paying for repairs.

thanks for your advice,

crol
 
External insulation is fragile in its nature...not sure if u can say the builder was a messer...family went for internal insulation for that very reason despite losing floor space...
 
It would be an interesting case for you to be able to convince any Court that a red line on a map of your property effectively was so finely drawn that your neighbour has already trespassed on your property. Or are you saying that if it were 50mm that would be ok or 75 ..or what? Or are you in effect saying that the boundary wall is aligned to side of house and therefore all the passage is in fact yours? Also the previous owner may have consented. The fact that it is fragile is not your problem and so long as you were not either causing criminal damage with a hammer or were totally negligent I don't see liability arising. Start with the idea of getting it removed and I say good luck to you.


Where are you coming from on planning? I am not sure that this type of insulation requires any planning.
 
It would be an interesting case for you to be able to convince any Court that a red line on a map of your property effectively was so finely drawn that your neighbour has already trespassed on your property. Or are you saying that if it were 50mm that would be ok or 75 ..or what? Or are you in effect saying that the boundary wall is aligned to side of house and therefore all the passage is in fact yours?

we live in an estate of detached bungalows all of which were built to the same design back in the '60s.

in each case the passage to the right of the house is only accessible from the garden in front of that house and is bounded on the right hand side by the external wall of the detached house to the right.

so, yes the passage is ours and this is the case for all other houses in the estate.

Also the previous owner may have consented.

that could be the case.

would any such consent still be valid even if undocumented (as nothing was mentioned, discovered or noted during conveyancing)?

The fact that it is fragile is not your problem and so long as you were not either causing criminal damage with a hammer or were totally negligent I don't see liability arising. Start with the idea of getting it removed and I say good luck to you.

it would be good news if we not going to be liable from damage arising from normal use of the passage.

however, the passage is our only route to the back garden and sheds so bins/kids/toys/bikes etc. will all be going back and forth on a daily basis. based on the damage so far, it is inevitable that their ewi render will be destroyed over time and I dread what will happen when we are blamed as new damage occurs.

Where are you coming from on planning? I am not sure that this type of insulation requires any planning.

they went through the planning process and the plans did not have any mention of extending the house 6 inches into the laneway.

the first condition of their planning permission was that the development be completed in its entirety in accordance with their plans.

so, in theory, i thought that we could contact the enforcement section of the council in question to report a un-authorized development.

however, i suspect they would tell me that it was a civil matter.

thanks for your help,

crol
 
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