Demolition/Rebuild SemiDetached Bungalow - Neighbours & their Tenants

[michelenh]

'Would really appreciate opinions....

 

Background: 

Dad's semiD non dormer bungalow built 1963 (he bought new) is subsiding due to both drains (original rear soakway exhausted),  insufficient original (sand/ash) foundations and ill prepared exceptional poor ground.  Bungalow is also a horrendous "pigbuild" with extra brick course across partial rear of bungalow resulting in crooked house effect. 

Even without subsidence issue,  property requires full refurb (rewiring, ch/plumbing, new kitchen/bathroom, new windows doors etc and redecoration).  So we've made decision to take whatever money we can get out of insurance (due to drains issue causing damage to foundations) and demolish & rebuild.  We are at drawing stage but envisage replacement will be standard dormer bungalow, with small front single storey extension (new cloakroom) and rear extension or  enlargement of original footprint. We are not in a conservation area.

 

Our structural engineer (very sensible &  experienced in our specific area) has advised, following inspection pits etc,  that whole footprint will need to be piled and to considerable depth or property would only be ever worth land value only....hence we've decided to go demolish/rebuild route and take advantage of 20% vat reclaim.  Fortunately we have some spare cash to do this....not bottomless pit but enough to rebuild.  During rebuild Dad will move in with me.

 

So the adjoing bungalow (right in image) was partially underpinned in 1990 when the current owner bought property (it was unmortgagable due to subsidence/ground issues in 1990).  However adj property was not piled  along or near the party wall and visually to the naked eye appears to be sinking where it joins Dad's bungalow. (Dad's internal party wall is showing evidence of movement.)  Neighbour makes contradictory statements re his property  being stable versus its moved an inch in 30 years since piling. The photo does not show that the neighbours front window nearest the PW slopes majorly towards the PW.

Neighbour has rented out property for 20+ years and his current tenant has been resident for 10yrs.  Neighbour views his property as rental property and as such (understandably) only wants to spend to maintain property to a rentable standard.

We are at initial discussion/pre appt stage with potential architects but a couple have mooted that going detached may be an option to separate the properties so that our fully piled property is independent from next doors partially piled property OR stay semiD but with expansion gaps/structural ring (sorry forgot tech term) to protect our property from any subsidence issues that may continue to occur with neighbours property.

We fully expect non consent from neighbour to PW notice so agreement will be needed.

 

In addition non adjoining new neighbour has just had to demolish their 1970s extension (built by prev owner) due to it being classed as dangerously unstable due to poor foundations and ill prepared ground...they are using same struc engineer as us and his investigations showed that piling will be needed at least 12ftdown.

 

Questions:

 

Do I use PWA to hold adjoing Neighbour responsible for any repairs to his foundations if they are found to be insufficient and would affect the stability of our replacement dwelling?

 

What are your thoughts re detached versus expansion gap option in such circumstances?

 

Is compensation due to neighbours tenant for nuisance during my building work?  (Owner Neighbour is already implying that their tenant will ask for compensation from his as the Landlord for noise/nuisance during build work and that they will seek to pass on those costs to me.......am I correct that so long as all my works are carried out compliant to all planning/build regs/local authority rules (builders keeping to allowable working hours etc) that applying the current applicable case law (1937 case: ? V Selfridge & Co) that no compensation for building work is due to neighbours?   (I am excluding any damage caused to neighbours property which I would of course expect to pay for.....if genuine and evidenced of course). 

My building work will be starting no earlier than Spring 2023 and possibly even later as rebuild designs not even finalised yet let alone submitted to planning. 

 

I want to be a responsible neighbour but I don't want to be taken advantage of either.

 

All thoughts welcome.  Thanks so much