3rd Party Wall Act

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Too Late

Original Poster:

5,092 posts

234 months

Wednesday 23rd April 2014
quotequote all
The architect warned he would need to sort out the 3rd party wall act. Now we are wanting to start work within 2 weeks he in now emailing a 3rd party wall surveyor...

Browsing the web i have come across this website:
http://www.mypropertyguide.co.uk/partywall/notice/...

My understanding is that we would only need a surveyor if they reject the agreement.

My architect is trying to push us to use a 3rd party surveyor, possibly delaying works for a month or so and costing us more £££.

Has anyone had any experience with 3rd party wall acts?

Thanks

Too Late

Original Poster:

5,092 posts

234 months

Wednesday 23rd April 2014
quotequote all
Found this:

NH1

1,333 posts

128 months

Wednesday 23rd April 2014
quotequote all
Have you crashed into it? smile

I think you only need to engage the party wall act if you are going deeper than their foundations but I'm no expert. I'm in the same boat myself when I start my extension and I hate the neighbours and they hate me.

Too Late

Original Poster:

5,092 posts

234 months

Wednesday 23rd April 2014
quotequote all
NH1 said:
Have you crashed into it? smile

I think you only need to engage the party wall act if you are going deeper than their foundations but I'm no expert. I'm in the same boat myself when I start my extension and I hate the neighbours and they hate me.
Hurry up then and build your extension so you can tell me what to do!
smile

Spent a few hours looking at this, and still clueless.

Mr Pointy

11,146 posts

158 months

Wednesday 23rd April 2014
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The chart seems very clear (no idea if it is accurate though). Have you tried to follow it through & where did you end up?

MJG280

722 posts

258 months

Wednesday 23rd April 2014
quotequote all
You write to your neighbour explaining what you are doing and seeking their agreement. If they object or don't reply you employ a 3rd party surveyor who acts as umpire. Inspects your propsal and gives his award. Saves paying possibly 2 other surveyors.
This award may give you rights to a Party Wall that the neighbour doesn't agree to. The Party Wall Etc Act is for the benefit of the person carrying out the work.

OR you just ignore the process and carry on and if the neighbour doesn't like it he has to go to court to stop you which most people can't afford or your work is finished before he gets in front of a judge because he has been on PH asking everyone's opinion as to what he should do.

Before doing anything go and show your neighbour what you are proposing and be nice. If needs be offer to tidy some part of their land.

Too Late

Original Poster:

5,092 posts

234 months

Thursday 24th April 2014
quotequote all
MJG280 said:
You write to your neighbour explaining what you are doing and seeking their agreement. If they object or don't reply you employ a 3rd party surveyor who acts as umpire. Inspects your propsal and gives his award. Saves paying possibly 2 other surveyors.
This award may give you rights to a Party Wall that the neighbour doesn't agree to. The Party Wall Etc Act is for the benefit of the person carrying out the work.

OR you just ignore the process and carry on and if the neighbour doesn't like it he has to go to court to stop you which most people can't afford or your work is finished before he gets in front of a judge because he has been on PH asking everyone's opinion as to what he should do.

Before doing anything go and show your neighbour what you are proposing and be nice. If needs be offer to tidy some part of their land.
Thanks
The neighbours we well on board with what we are planning and we have taken plans round there 3 times over the last month keeping them up to date!

Thanks for the responses..

Thanks
N

PAULJ5555

3,554 posts

175 months

Tuesday 29th April 2014
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I'm doing an extension in a few months - So I have 2 options.

1. If neigbours are happy and friendly with you doing the work, don't bother with the party wall act.

2. If neigbours are unhappy the party wall act comes into place and a surveyer then awards the agreement.


AlmostUseful

3,276 posts

199 months

Tuesday 29th April 2014
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PAULJ5555 said:
I'm doing an extension in a few months - So I have 2 options.

1. If neigbours are happy and friendly with you doing the work, don't bother with the party wall act.

2. If neigbours are unhappy the party wall act comes into place and a surveyer then awards the agreement.
Not quite. You're legally obliged to serve notice under the party wall etc act, but if they respond positively within 15 days then you need not enter into an award and don't need to appoint a surveyor.

If they don't respond, or respond in the negative then you need to appoint a surveyor and an award under the act is initiated.

PAULJ5555

3,554 posts

175 months

Tuesday 29th April 2014
quotequote all
AlmostUseful said:
PAULJ5555 said:
I'm doing an extension in a few months - So I have 2 options.

1. If neigbours are happy and friendly with you doing the work, don't bother with the party wall act.

2. If neigbours are unhappy the party wall act comes into place and a surveyer then awards the agreement.
Not quite. You're legally obliged to serve notice under the party wall etc act, but if they respond positively within 15 days then you need not enter into an award and don't need to appoint a surveyor.

If they don't respond, or respond in the negative then you need to appoint a surveyor and an award under the act is initiated.
I have sopken to next door and they seem happy/not too bothered. Do I just right them a letter or is there a form I neet to print off, also is there a form that they need to sign?

AlmostUseful

3,276 posts

199 months

Wednesday 30th April 2014
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Best bet is to write a letter explaining the works (technically you're also supposed to provide drawings so that they text in the letter has less chance of being misleading) and also enclose 2x return slips.
If you send me a PM I'll email you the template letters that I use to serve notice on our adjoining owners.

PAULJ5555

3,554 posts

175 months

Thursday 1st May 2014
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AlmostUseful said:
Best bet is to write a letter explaining the works (technically you're also supposed to provide drawings so that they text in the letter has less chance of being misleading) and also enclose 2x return slips.
If you send me a PM I'll email you the template letters that I use to serve notice on our adjoining owners.
Thank you - PM sent.


AlmostUseful

3,276 posts

199 months

Thursday 1st May 2014
quotequote all
Letters are on their way.
I'll also send you a doc relating to general guidance which may help.

Ryan

Too Late

Original Poster:

5,092 posts

234 months

Thursday 1st May 2014
quotequote all
I am using the letter generator from the link above.

The solicitor came back with a rough price of £850 just to send a letter and for them to agree it....




AlmostUseful

3,276 posts

199 months

Thursday 1st May 2014
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We charge £80/hr for upfront discussions with neighbours, drawing prep & site visits, then £900 per award I believe, assume it's relatively straight forward. Last surveyor I appointed as an adjoining owners surveyor was £175/hr, so there's a wide old range out there!

AlmostUseful

3,276 posts

199 months

Friday 2nd May 2014
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For those that have PM'ed me, I won't get around to sending you anything until next week - too busy sorry but I'll get to it at some point!