Damage to party wall

[Sylvain VAN DER WALDE]

Hello all.

Major work is being carried out in the house next door. While doing work on their wall, to receive a steel girder (I believe), some damage was done to mine. This was caused by _heavy_ hammering. Now, is it the preferred way to use a hammer on _a party wall_, or should an SDS drill (or something similar, and more gentle and precise) have been used. This work was being carried out by a young foreigner, without immediate supervision. Was that wise? I would appreciate comments on this. Luckily I was in the room when the plaster started coming off the wall (it's actually a little more serious than that), and I was able to stop the work before further damage was done.

Thanks in advance for your input.

Sylvain.

[Owain]

It doesn't matter *how* it was done; your wall's falling down because of their work (whether done correctly or not) so they should make good and, in the meantime, you should withdrawn consent to further work on the party wall.

Owain

[Styx]

What the hell is "a young foreigner"? You mean someone with a differing ethnic background to yourself? Or perhaps you had the opportunity to examine his nationality documents? Is this another of your thinly veiled racist posts that develops into a thread where you deny being a racist?

Styx

[Andrew Gabriel]

You probably need to contact the BCO as a matter of urgency, and get a structural surveyor to inspect and say if the building is still safe to occupy (BCO might do this). I don't know what the procedure is to stop further work until said inspection, and supervision is in place, but the BCO or someone else here might know.

[Sylvain VAN DER WALDE]

I didn't say that the wall was falling down. :)

You haven't answered my question/s, but thanks all the same. I'm a leaseholder (I own a flat), and I've informed the estate manager; so it's now in his hands. But I've reason not to trust him. So I want as much information as I can get.

Sylvain.

[Sylvain VAN DER WALDE]

As I told Owain, I've informed my estate manager (I own a leasehold flat). I did get the work stopped, and I hope to see the person in charge of the works. The damage is not as bad as you appear to believe, and I'm sorry if I didn't make this quite clear (It's not the sort of damage I can ignore, though).

P.S. What does BCO stand for? And where/how can they be reached?

Thanks.

Sylvain.

[John Stumbles]

Building Control Officer, at your local council (prolly in the same office as the Planning Department)

[Bob Eager]

Sylvain probably means an English 'yoof', since he's obviously a foreigner himself!

[Sylvain VAN DER WALDE]

Piss off! Troll!

Sylvain.

[Sylvain VAN DER WALDE]

It's so easy to be misunderstood. He was a young Polish man (I believe). What's an English "yoof"?

Sylvain.

[Sylvain VAN DER WALDE]

Thanks a lot, John. Yours is a useful post, unlike that bum Styx' one.

Sylvain.

>

[Bob Eager]

(to you...) a young foreigner!

[Frank Erskine]

That's racist :-)

[Styx]

Well, I guess there's a first time for everything. However, that still doesn't excuse you for having to pointlessly mention the possible national status of an individual when that status, for the issue being discussed, is *entirely* irrelevant. What difference does it make what ethnicity the worker is? Do you think that if he spoke Queen's English and had Caucasian complexion then his technique wouldn't have mattered?

It's not like you don't have a history of such leading racist comments, Sylvain, such as your ' "Manners maketh man" A short tale. ' post in this very group on Jan 2nd 2007. What is it, can you just not help but judge people on what colour their skin is, or what accent they speak with?

If you think that someone pointing out your racist tendencies makes that person a troll, then so be it - I'll be a troll. But I'd rather that than a closet racist.

Styx

[John Rumm]

Well ISTM that it is relevant. The fact that the worker is non native and young suggests potentially not only inexperience, but also a possible lack of familiarity with standard building practices in this country, and the probably the legislation relating to party walls.

[Sylvain VAN DER WALDE]

That's a much more reasonable reply. First of all, if I really was a racist in this country, I would hide behind a nickname, as you do. As it is, my name and other details, are genuine. I'm sure that there is a valid reason for the way I write (I really can't be bothered to dwell deeply into it), but it has nothing to do with racism. I'm honoured that you've remembered my earlier posts.

Sylvain.

[Sylvain VAN DER WALDE]

John, you're very nearly spot on. That is probably almost exactly what I was thinking. But then I'm an honest man, with a reasonable amount of integrity, and I don't feel the need to censor myself (as Styx would like me to do).

Sylvain. .

[Styx]

That surely implies that a young, native British citizen would automatically have an innate understanding of building regs/practises/legislation. Heck, until I actually purchased a house and started to do DIY, I didn't have the slightest clue what a "party wall" was -- they don't exactly teach these things in school.

The fault lies with the foreman (or supervisor) for not detailing how the work should be done, or the company for not giving the worker the correct tools or sufficient training (yes, I know, training tends to be woefully lacking in many jobs these days).

My argument is that any worker could have caused the damage, regardless of ethnic background, if they had not been given sufficient training or guidance. Additionally, there's no way of knowing (without seeing his passport or birth certificate) how long that individual has been living in the UK, or even if he has UK citizenship or not. He may well be a naturalised British citizen, or he may have even be born here for all we know. If that's the case, does it warrant calling him a "foreigner" ? Should we call everyone who has a different accent to ours a foreigner?

Styx

[Robert Laws]

I'm not sure of the situation with leasehold flats, but for houses there would need to be a party wall agreement signed before your neighbour can do any works affecting the party wall.

Robert

[Sylvain VAN DER WALDE]

I've looked at the Party Wall Act. It does apply to leasehold flats, but is not mandatory (there is no penalty as such for not issuing one). However, if there is a dispute, it will not be in their favour not to have done so.

This morning, the supervisor (foreman) resumed the work and did some more damage to my wall. I remonstrated with him, and he got the architect to come and see me. We had a satisfactory chat. I can hear that an SDS drill (I believe) is now being used. He has assured me that all damage will be put right.

Sylvain.