None of the statutory approvals - planning, fire cert, DAC - confer a right to carry out works - legal rights have to be negotiated with the management company.
Given the extensive nature of the work and the fact that if the apartment was above ground floor and below penthouse level it could directly affect -
- four properties (faces of a rectangle)
- plus another four (corners of a rectangle)
- plus those on two levels (corridors access)
- plus those nearby on the facade (dust and noise)
- I'd say your Health and Safety file could be a big one plus the times of working could be very restricted, especially if there are children adjoining.
Given the potential noise, dust and nuisance to neighbours, you might consider a strategy whereby you pay for holidays for everyone for a long weekend to get the bulk of the heavy work done, the debris carried away, new building materials brought in and first fix (structural, mechanical, electrical) carried out.
It could pay you to price for round-the-clock working in shifts on that weekend to get the bulk of the deliveries, heavy work, dust generation and noise generating work done, then do a clean up.
Apart from minimizing disturbance and hazard, it will generate goodwill at the start of the project.
Without a measure like this, the management company could be unlikely to approve the work.
I wouldn't advise that this is offered initially, but that you come to it via discussion.
You will have to employ professionals before during and after the work to be in a position to give assurances about possible adverse effects on the adjoining properties and the block as a whole.
You would be very well advised to carry out photographic schedules of condition on every property likely to be affected and the block as a whole and your professionals can advise on this.
You may have to enter into a binding legal agreements
- not to cause harm and
- to remedy any damage inadvertently caused immediately
with
- all the adjoining propertyholders and occupants (two separate parties) and/or
- the management company, either in its own capacity and/or on behalf of the adjoining propertholders
These agreements may need to be entered into jointly by you and your contractors and you should consider asking your professionals to sign a collateral warranty in relation to this work.
For you part, you should ensure your professionals have fully informed their professional indemnity cover insurers and confirmed they have cover in place.
You should also inquire from specialist insurers whether your contractors should have "Non-Negligence" cover.
This is in case, despite every precaution having been taken and competent work being done, something unfortunate occurs.
You should also take best advice on whether other specialist insurances require to be maintained going forward.
Finally it is likely that the Fire Detection and Alarm system for the apartment block will have to be re-commissioned to ensure that the work - noise, dust vibration and your amendments - did not adversely affect the system and thereby put everyone at risk.
This is off the top of my head this morning while I grab a cuppa in the middle of other work, so its not an exhaustive list, bit it gives you a good starting point for discussing the project with -
- the management company
- the local authority
- prospective contractors
- prospective professionals
I would strongly suggest you appoint a separate Health and Safety professional for a project like this because of -
- the close working conditions
- the complexity of the working arrangement
- the tight time frame in which most of the work must be carried out.
Take note that your professionals will have to be around that weekend to ensure everything is properly carried out according to the programme sequence, not corners are cut and a photographic record of the work is kept.
ONQ.
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All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
