Advice please - Damp

[chriss]

hi i have just joined this forum to see if anyone could give me any advice, my next door neighbour is having a new patio laid, we have a kitchen extension, and the builder as built a small brick wall which 4 brick high and about 4 or 5 inchs away from our extension wall, im not sure if is as built up to our damp proof or under it, now he as filled the gap with bags of stones my concern is this going to cause a damp problem in my kitchen even if he hasnt gone over my damp proof,
thanks

[r896neo]

It should be 150mm below your dpc. Don't accept any explanation where this regulation is not adhered to.

Clear air space around your wall would be better than stone. Although if its that narrow i'm sure all manner of crap would build up in it.

[chriss]

i dont think it will be 150mm below maybe a few cms, you see we dont really get on with the neighbour so i dont want a slanging match i just want to know where i stand with it, could the stones trap moisture and cause problems ,

[local patios and driveway]

The issue is that the rain drops can bounce at a height of 150mm max in most cases. This is why this depth is set. So anything less means rain can bounce from the stones over the top of the damp course. This is when you get damp.

[Tony McC]

If the "stones" are less than 150mm below your damp proof course, you have a legitimate concern, but it's a civil matter, not criminal, so the onus would be on you to resolved the issue with your neighbour, and from what you say, this is unlikely.

This is just the sort of scenario in which shark lawyers love to operate. Lots of meaningless paperwork, lots of unnecessary fees, and, like Jarndyce v Jarndyce in Bleak House, it just drags on and on slowly draining money from both you and the neighbour.

If you are certain that the works next door are constructed to a level that is less than 150mm below DPC, then a word with your mortgage provider sometimes helps, as they have been know to get a bit tetchy when *their* property is compromised by adjacent building works.

[chriss]

thanks for reply so the stones have to be 150mm below my dpc if its not what sort of damage could it cause if any and how long before my walls would be damp

[local patios and driveway]

Well i will put my neck on the line and say 100mm is still probably ok. But lets say it was 50mm and we had heavy rain then there would be an ingress of water but... Many many countries dont have a damp course at all and suffer no issues. Just check the depth with a tape right now and come back to us

[chriss]

i cant check the depth on the neighbours side as they are not home and there back gate is locked i will ask the builder on monday and voice my concerns to him i will also get the measurements and post them here

[lutonlagerlout]

dont forget dan it rains big time in god's country
LLL

[chriss]

should the builder have put some sort of membrane against our wall if it is in line with our dpc can i make the builder remove it

[r896neo]

As said above its a civil matter rather than any kind of criminal one so taking action is often difficult. If you stick to your guns be forceful and say it must be 150mm below your dpc the builder might think you know what your on about and just steer clear.

A call to your local building control might help if there are other works going on at the house. A patio in itself is not under the scope of Building control but if other rennovations are happening they might take an interest.

Failing any reasonable resolution with the builder you may need to threaten with legal action and a party wall surveyor but Tony is bang on in his post above only take this step as a very last resort it is stressful, very expensive and will escalate things instantly to a whole new level.

Lastly a token bit of membrane will not help and will simply trap water against your wall. If it was my house i would accept no solution other than clear space, even a very well designed and installed system of membranes etc has the potential to go wrong or get damaged and you won;t know until your kitchen is damp and mouldy.

[Pablo]

another thing to consider and that may go in your favour is that the gravel is likely to be in your property given that the outer edge of the gutter is the boundary and not the wall otherwise your gutters are on his land.