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external wall insulation

  • 30-10-2014 4:13pm
    #1
    slippie2
    Registered Users, Registered Users 2 Posts: 16 ✭


    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,

    slippie


Comments

  • #2
    Lantus
    Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    depends what you mean by narrow? Is it compliant with part M of the building regulations? Also if this is your path accessed through a gate then have they not just moved the boundary into your property?

    Did you sign anything before this work was undertaken?

    Any wall that can be damaged that easily is not fit for purpose. I wouldn't entertain the idea of paying. is planning permission required? if it is then report them to the local authority anonymously.


  • #3
    slippie2
    Registered Users, Registered Users 2 Posts: 16 ✭slippie2


    Lantus wrote: »
    depends what you mean by narrow? Is it compliant with part M of the building regulations? Also if this is your path accessed through a gate then have they not just moved the boundary into your property?

    Did you sign anything before this work was undertaken?

    the work was undertaken 3 years ago before and we bought the property earlier this year.

    the laneway is still quite wide (1.5m or so).


  • #4
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    The wall render is invariably fragile on external insulation. If too strong a mix is used it will cause the whole lot to come down. It was silly of your neighbour to have the job done in that manner.
    The courts would not be sympathetic to a complaint of a 4" trespass by your neighbour. You should tell your neighbour you will be as careful as you can but that he chose to modify his house in the manner in which he did and he will just have to accept that it is your passageway and you cannot be expected to abandon the use of it.


  • #5
    slippie2
    Registered Users, Registered Users 2 Posts: 16 ✭slippie2


    Thanks for your advise Claw Hammer.
    Claw Hammer wrote: »
    The wall render is invariably fragile on external insulation. If too strong a mix is used it will cause the whole lot to come down.

    We are actually planning on installing EWI ourselves with a mineral render and reinforced mesh etc. We have looked at several installs and our neighbors is ridiculously fragile in comparison. You could literally pick off chunks with your finger.
    Claw Hammer wrote: »
    It was silly of your neighbour to have the job done in that manner. The courts would not be sympathetic to a complaint of a 4" trespass by your neighbour. You should tell your neighbour you will be as careful as you can but that he chose to modify his house in the manner in which he did and he will just have to accept that it is your passageway and you cannot be expected to abandon the use of it.

    We have two small boys and another child on the way. 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.

    Slippie


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