The elderly owners of a property in Youghal, County Cork, Ireland are living next to a derelict house that is in imminent danger of collapse.
Maura and Thomas Walsh have lived in their property for the whole of their 55 year marriage and do not want to move. Youghal is a small seaside town which, although beautiful, has been in decline for many years. There are several derelict properties in the town and over the last ten years the property next door to the couple has fallen into significant disrepair.
The roof of the neighbouring property has caved inwards, leaving the internal party wall between the two properties exposed to the elements. The couple’s family are concerned that the wall could deteriorate and crumble now that it too is exposed. They lodged a complaint with the local council and member of parliament but, despite being issued with an eight-week notice to take action in October 2022, the owners of 30 Friar Street did not respond or taken any action.
How many properties are empty in the UK?
Action on Empty Homes suspects that around 700,000 private homes lie empty in the UK and, of these, 75% were bought by their current owner.
Those that lie empty for long periods are often not in good enough condition to rent out, or their owners are unable to afford the necessary renovation. In some cases, properties have been purchased as an investment and the owners can afford to keep them empty, pending a sale when prices rise.
What action can I take?
Many councils have an Empty Property Officer, who will act as a mediator between property owners. In rare cases, a derelict property that is empty for two years might be made the subject of an Empty Dwelling Management Order, in which case the property could be renovated without the owner’s permission and rented out. For this reason, if you have inherited a property that is in poor condition it is important to inform the local council that you are taking steps to improve the condition of the property.
Your buildings insurance policy might cover the cost of the work involved to make your property safe, and the cost of obtaining legal advice. If your insurance company is willing to act for you, they will chase the absent owner for the cost of the repairs.
Section 79 of the Town and Country Planning Action 1990 covers a building in a ruinous and dilapidated condition. The local authority can require the owner to execute repair or restore the property, or take steps to demolish it.
How can the Party Wall Act protect homeowners?
The Party Wall Act etc. Act 1996 provides a legal framework for preventing disputes and resolving building and boundary problems between neighbours and neighbouring properties. This includes new builds, extensions, conversions and building repairs as well as boundary walls and excavations which can affect neighbouring properties. Other considerations include Right to Light and the sheer practicality of the project. Neighbours also include any floors above and below you.
Every adjoining owner or neighbouring property has rights or responsibilities under the Party Wall Act. In a typical domestic scenario, this is usually limited to one other party but, in larger commercial developments in built up areas the Party Wall Act can affect multiple adjoining owners. In such cases, the process of serving notices, mediating disputes and issuing Party Wall awards can be complex, lengthy and expensive.
Our experienced Party Wall Surveyors can assess your property and advise you on the correct course of action.
You or your neighbours are carrying out work on or next to your boundary
We are experienced Party Wall Surveyors and are happy to give advice prior to the outset of a project to assist with the appraisal of your project. This is often best at the outset of a project, although we are frequently asked to advise after a start has been made.
Our Chartered Surveyors can work on your project to ensure the demands of the Party Wall Act are dealt with thoroughly and efficiently. If your neighbour is carrying out building work up to your boundary line, they are required under the Party Wall to issue a formal notice and allow you time to object. This requirement is often specified in planning permissions but still stands – even if it is not specifically specified.
If you want to dispute the works, our surveyor can help you manage the process effectively and avoid damage.
If you are the party wishing to carry out the work, we can help you proceed as smoothly as possible, whilst fulfilling your legal obligations.
If you accept that the works will proceed and are happy for us to work on behalf of both parties our surveyor can help you manage the process effectively and avoid damage.
To protect both the party carrying out the works (the ‘building owner’) and the neighbour (the ‘adjoining owner’), it is good practice to prepare a schedule of condition that can be referred to in the event of a dispute.
If we are instructed to act a single surveyor to assist with a Party Wall development, we work as though no one party is the client, despite the building owner being responsible for our fees. We approach this by treating the building itself as the client, and do “the right thing” by the building with due regard to the whole proposal and all likely scenarios.