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After a bit of advice on behalf of a friend.
He lives in and owns a first floor flat built about four years ago. When built the ground floor was designed to be for business use (two units) and is owned by the leaseholder. The leaseholder was unable to rent these units and last year was granted planning permission for conversion to four studio flats.
The work was started a couple of months back. Although unhappy about the noise, he works from home) and a couple of early starts all was progressing until this week when he tried to open his front door and was unable too..
Having managed to eventually pull it open. He realised that the builders have removed a section of wall to extend the new flats below the walkway which is the access to his flat. This is a section of supporting wall for his flat and the flat above (can't remember if there is a flat above that one).
He has not had any notification that this would happen, the leaseholder assured him there was no structural work, a Party Wall agreement was never offered and Building Control are not interested, the inspections are being done by a private firm.
So over to you lot, any suggestions?
who owns the freehold is the first question?
Freehold owned by the guy having the building work done. He has been less than helpful and has lied to my friend claiming that no structural work is being done and to just 'trust him'.
I say your friend should employ a solicitor who is au fait with leasehold law.
Surprised BC not interested if there's clear evidence of structural movement due to works.
Try and find out who buildings insurance is with and contact them too (although freeholder probably arranges this so may not disclose).
Stuff like this is one reason I wouldn't buy a leasehold property that didn't include a share in freehold owning company.
If they've removed a structural supporting wall then there is a danger that the structure is unsafe. If he really wants to go for it then report it as such to the Local Authority they are obligated to investigate, maybe notify to Insurers as well? If works have been done to a Party Wall (or Floor) without agreement then you can get an injunction to stop the works, however, it involves a risk that costs can be awarded against you.
Cheers, I think he may consider a legal route as he is concerned this guy is cutting corners. He did try contacting a surveyor about the Party Wall agreement but nobody is interested in dealing with disputes it seems.
Have had dealings with Party Wall agreements myself in the past, but was surprised at how 'toothless'' everybody is when they are just ignored.
I'm not sure leaseholders have 'party walls' in the same way freeholders do - hence my suggestion to get legal advice.
aP, may suggest he reports it as unsafe, good idea.
From my 30 odd years in building control when he reports it tell him to say "I thinks it's going to collapse anytime" the trigger phrase is "imminent danger of collapse" though if he says that Building Control might think he's been coached and they should send someone out promptly
You say the building control is being carried out by a private firm - known as an "approved inspector". The AI has, to a certain extent, exactly the same responsibilities & obligations that the council would have, although they have no enforcement powers. The contact details of the AI will be lodged with the council building control dept - find out who they are & explain the situation to the AI. You may be surprised to learn that the AI has never visited the site (this seems to be quite common), however they do have an obligation to administer the building regs & should react swiftly to dodgy structural works. Unfortunately, the council are powerless as the work is under the AI's jurisdiction, but they do have powers if the works have resulted in the building becoming a dangerous structure.
Thanks to all who replied. My friend is a runner and I had suggested he post on his running forum for some advice, which he did. Having seen the replies he tells me cyclists are far more helpful than runners!