Developer ‘in breach of party wall law’ claims Beck Row home owner
A major house builder is accused of behaving like a bully over work which damaged a party wall between their development and a family home.
Karl Olsen says Persimmon Homes did not serve the legal notice of intention to work near the wall or to respond to communications on the work.
He added: “They’re behaving like the big bully company.”
Mr Olsen has lived in The Street, Beck Row, since 1999 and accepted it when Persimmon were given permission for homes on the field behind.
But he says it was not obvious from plans how close they would build to his home and he only found out about the Party Wall Act 1996 after going to a solicitor when Persimmon’s scaffolding overhung his land and damaged the wall.
He said: “In addition to the breach of the party wall laws, and possible violation of the Right to Light, Persimmon has also committed trespass by knowingly and without permission erecting scaffolding which extends over my boundary.”
Department for Communities and Local Government advice on the Party Wall Act says you must give neighbours two months written notice to even excavate within three metres of one. It adds: “The notice is only valid for a year, so do not serve it too long before.”
Mr Olsen says Persimmon’s first approach was to ask permission for scaffolding on his land when they had partially built the house wall 18 inches from the boundary.
Andy Fuller, managing director at Persimmon Homes Anglia said: “As part of the planning application the neighbouring residents were notified of the housing proposal which received planning consent several years ago.
“Persimmon Homes have appointed a party wall surveyor to inspect the wall and we will continue to liaise with the resident and their solicitor to ensure a suitable solution.”
It is not the first time the Persimmon development has upset neighbours. In 2015 and 16 work on it blocked access to the Londis store in Holmsey Green three times.