Party wall act help please
Discussion
Afternoon, I have a strong suspicion that a neighbour has the intention to just start digging for a new building within 50mm of a building wall we own. It is my belief that he has no intention of applying for a party wall act and starting regardless of the laws regarding this. I am seeking advice and have a good form of solicitors we use. My question is if he and a team of builders rock up one morning with a Digger what do I do? I mean as in to stop them working. Lock building control say to contact a solicitor buyer at that point that isn t going to mean much.
sfella said:
Afternoon, I have a strong suspicion that a neighbour has the intention to just start digging for a new building within 50mm of a building wall we own. It is my belief that he has no intention of applying for a party wall act and starting regardless of the laws regarding this. I am seeking advice and have a good form of solicitors we use. My question is if he and a team of builders rock up one morning with a Digger what do I do? I mean as in to stop them working. Lock building control say to contact a solicitor buyer at that point that isn t going to mean much.
He should have served you notice around 2 months before he planned to start. The default of you not responding to his letter is that he doesn’t have your permission However at this point there isn’t actually much in place to stop him other than injunction but that’s a bit extreme.
Have you spoken to him? A builder may not have worried about the notice but he may have just hired a man with a machine or your actual neighbour may not know anything about the act and will be wanting to sort it quickly in most cases I reckon.
To physically stop them you would need to seek an injunction through the courts, although this is usually an expensive exercise.
A solicitors letter may make them stop and re-consider, but it wouldn't actually prevent them proceeding if they are determined to do so.
One way to try to protect yourself is to record a schedule of condition of your property, so that there is evidence of the current condition, in the event that their works cause any damage. By having an initial schedule of condition, they will find it very difficult to say that whatever damage you might claim was there before they started.
Whilst the Party Wall etc. Act applies, the Act has very few teeth, particularly in relation to the enforcement of unauthorised works.
A solicitors letter may make them stop and re-consider, but it wouldn't actually prevent them proceeding if they are determined to do so.
One way to try to protect yourself is to record a schedule of condition of your property, so that there is evidence of the current condition, in the event that their works cause any damage. By having an initial schedule of condition, they will find it very difficult to say that whatever damage you might claim was there before they started.
Whilst the Party Wall etc. Act applies, the Act has very few teeth, particularly in relation to the enforcement of unauthorised works.
Will what they're doing make any real difference to your structure/life in anyway?
I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a s
t. As long as we didn't knock their house down.
I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a s
t. As long as we didn't knock their house down.dave_s13 said:
Will what they're doing make any real difference to your structure/life in anyway?
I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a st. As long as we didn't knock their house down.
And the reason the act exists is in case you did. I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a s
t. As long as we didn't knock their house down.Even if that happened I can't see how not having an agreement in place would indemnify the builder.
"...err, we seem to have undermined your foundations and causes your gable end too drop by 2 foot love, but cos we signed this form before we can all assume you'll sort it yeah??"
So yeah, they should have consulted the op and done it properly but will it actually cause any real bother?
The op has 3 options.
1. So nothing, let them crack on.
2. Go ask the neighbour if he knows about the act, if not explain and get some idea of what's planned. If it has planning its all readily available anyway.
3. Seek an injunction to stop the work, appoint a surveyor and end up back at option 2 but with a massive outlay and a new enemy in your neighbour.
"...err, we seem to have undermined your foundations and causes your gable end too drop by 2 foot love, but cos we signed this form before we can all assume you'll sort it yeah??"
So yeah, they should have consulted the op and done it properly but will it actually cause any real bother?
The op has 3 options.
1. So nothing, let them crack on.
2. Go ask the neighbour if he knows about the act, if not explain and get some idea of what's planned. If it has planning its all readily available anyway.
3. Seek an injunction to stop the work, appoint a surveyor and end up back at option 2 but with a massive outlay and a new enemy in your neighbour.
Foliage said:
Have a chat with the builders, keep it calm and civil, its what my parents did, builders don't wanna get involved in disputes and will just get in their van and drive off, they will still be paid by your neighbour in the end anyway.
This seems like a reasonable idea, let them know you have no notification as regards the party wall act and ask them nicely to provide details of their insurance so you can be happy that any damage can be rectified. Ask them how they intend to support your foundations during the dig and if they have any intention to dig below them or change them in any way.dave_s13 said:
Will what they're doing make any real difference to your structure/life in anyway?
I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a st. As long as we didn't knock their house down.
They have 2 options to achieve what they want, one involves digging a 600-900mm deep footing right next to our wall/foundation. The opinion of myself and team all in the trade is that our 100+ year old wall will be sat on very shallow foundations. An opionin shared by the local building inspector. This option has the very real potential to bring down the gable wall of our property and as it is occupied during working hours it has the chance to endanger life/s.I'm sure there are hundreds of extensions built every year without a pwa notice as most folk are clueless. My neighbours certainly didn't know about it, or give a s
t. As long as we didn't knock their house down.The other optionis they are hoping to simply build a front wall amd use our wall and the neighbours wall and his side walls. Under no circumstances will we allow this.
dave_s13 said:
Even if that happened I can't see how not having an agreement in place would indemnify the builder.
"...err, we seem to have undermined your foundations and causes your gable end too drop by 2 foot love, but cos we signed this form before we can all assume you'll sort it yeah??"
So yeah, they should have consulted the op and done it properly but will it actually cause any real bother?
The op has 3 options.
1. So nothing, let them crack on.
2. Go ask the neighbour if he knows about the act, if not explain and get some idea of what's planned. If it has planning its all readily available anyway.
3. Seek an injunction to stop the work, appoint a surveyor and end up back at option 2 but with a massive outlay and a new enemy in your neighbour.
"...err, we seem to have undermined your foundations and causes your gable end too drop by 2 foot love, but cos we signed this form before we can all assume you'll sort it yeah??"
So yeah, they should have consulted the op and done it properly but will it actually cause any real bother?
The op has 3 options.
1. So nothing, let them crack on.
2. Go ask the neighbour if he knows about the act, if not explain and get some idea of what's planned. If it has planning its all readily available anyway.
3. Seek an injunction to stop the work, appoint a surveyor and end up back at option 2 but with a massive outlay and a new enemy in your neighbour.
If the OP went for (3), if there were delays in the building works, could the neighbour not then counterclaim for costs incur through any delay in starting those works.
Also who would have to inform, complete a form F10 with HSE, the neighbour or the builder.
Be careful. The party wall act is there to protect the developer. It cannot be used by a neighbour to prevent lawful works. The fact is, if the works cause you damage you have a BETTER chance of winning in any damages claim because the court will look badly on the developer for not following procedure. With a party wall agreement in place you have to prove the damage is caused by the works and wasn't pre-existing.
developers may choose to take the risk to avoid the surveyors fees, but it's their risk and your benefit.
developers may choose to take the risk to avoid the surveyors fees, but it's their risk and your benefit.
dave_s13 said:
Can you link to the planning application so we get an Idea of the size and scope of the work?
Is it a boggo side extension or some huge development.
Missed out this is commercial in my original post. Rather not link planning but basically the plot is a single car parking space that tapers at The back. A bmw 4 series totally fills this space amd at its widest is 8ft. The planning is for a 3 storey shop to be built between our commercial property and another commercial property. We cannot see how this is viable as the space inside will be minima/non existent.Is it a boggo side extension or some huge development.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff