Posted: 17/09/2013 at 19:16
But his patio isn't higher than the back of his house (it's a little lower in fact), which suggests that the patio may have been built up from the original ground level.
Gail: I'm not sure what you mean by 'the back of his house'.
1. If you mean his 'back garden' then logically, if his patio is lower than the rest of the garden, that would suggest the ground was dug out to accommodate the new patio in order to avoid causing damp problems to buildings - in other words, it was not the neighbour's patio that has caused your damp problem.
2. If, however, you mean his patio is only 'a little lower' than his DPC level (or equivalent) AND if by 'a little lower' you mean less than 6 inches, this could mean the patio has been laid on top of the (then) existing ground level and that whoever is responsible for building the patio would seem to have done so irresponsibly because it has raised the ground level too much - but even then, only if it can be proved that water levels and 'splash back' of rain are the cause of your damp problem (And not, for example, an underground water course).
It is also important to see which way the water runs off his patio:
Does it run...
- into his garden (as it should)?
- back towards his house? This could be very destructive for his house and means shoddy building and disregard of levels and own property.
- Sideways towards your house? This could explain your damp problem and also means shoddy building and disregard of levell and risk to neighbouring property.
They are just a few considerations that might help you define the problem and ascertain liability.