Roughly a quarter of a century ago, I extended my home, adding a conservatory up to a neighbouring warehouse, which subsequently became the end wall of my conservatory — a configuration that has not posed any issues until recently. The warehouse has plans to be knocked down shortly as the property’s landlords have received certification to erect a block of flats. Two years ago, the new landlords dismantled the warehouse’s roof — resulting in the commencement of a cumbersome predicament I am now grappling with. This unroofed wall, once sheltered, now victim to weather conditions, has caused the internal part of my end wall to develop dampness along with the emergence of black spots and green mould. The landlords seem indifferent to my concerns, which arose only post the dismantling of the roof.
Such a predicament is indeed perplexing, and the dampness in your property is a matter of significant urgency. The path to a resolution becomes more complicated when multiple parties are involved, and the solution isn’t fully under one’s control. The planned establishment of the apartment block may take years, but the issue at hand cannot be neglected and demands immediate attention.
According to Section 43 to 47 of the Land and Conveyancing Law Reform Act 2009, the discussed wall is a shared structure and any alterations or works carried out on it are subject to specific rights and responsibilities of adjacent property owners.
The removal of the warehouse roofing resulted in leaving the wall exposed, likely a single-leaf masonry wall which has led to damp penetration and cold bridging. The black spots are evidence of this. This is especially prevalent in areas where your extension’s dry-lining boards were affixed with plaster dabs or fixing plugs. To fully comprehend the problem, its cause and viable solutions, it is crucial to get a professional to thoroughly examine and record the defects caused by the roof’s removal in your premises. A Chartered Building Surveyor would be the ideal specialist to study and submit a report on this matter.
A formal meeting involving both parties should be arranged and held at the property to discuss this friction, to open dialogue about agreeing on and practicably resolving the issue at hand.
The subsequent course of action necessitates making certain that the adjacent party is conscious of the moisture issues, and that this only manifested after the deconstruction of the warehouse shelter. Despite the present disinclination to interact, it may be beneficial to attempt to communicate with the new proprietors once again. Should they persist in their unwillingness to converse, the forthcoming correspondence should be initiated through your legal representative, clearly stating the details of the dampness and highlighting the applicable law. This would underline to the neighbour that this is a grave matter, instigated solely by their construction activities affecting the shared building, and their immediate attention is required. The neighbouring party’s contact information could likely be located through a review of the cited planning application on the council website.
You should recommend a meet-up at the premises involving both parties to deliberate about the issue and investigate possible strategies for mutual agreement and resolution. In accordance with section (44) (2) of the Act, a structure proprietor who executes works resulting in damage to a shared structure is mandated to rectify such damage and refund all reasonable charges and expenditure linked with the repairs.
In case a disagreement transpires, the method to follow to request a works order from the District Court is outlined in section 45 of the Act. This works order would permit you to access their premises to perform the needed works to address the problem. The court shall refer to section 44 of the Act and may notice other pertinent factors. This could encompass refunding reasonable costs and expenses incurred due to the situation. It would be prudent to seek legal advice to navigate this process.
Damian King is a certified building surveyor and a member of the Society of Chartered Surveyors Ireland.