Party wall act
Discussion
I have just been served a Party Wall Act notice, neighbours are building an extension. House is detached but they are putting foundations within 3m of my garage.
I have no issues with them doing the extension etc.
Is there anything I need to consider or do or be wary of or whatnot, or do I just sign saying I am happy.
I have no issues with them doing the extension etc.
Is there anything I need to consider or do or be wary of or whatnot, or do I just sign saying I am happy.
How close 'within 3m'?
I would be re-reading the online guidance, but if it's not that close to the garage or anything else, simply taking a lot of 'before' pictures could be enough protection against the minor risk they might damage things?
The top option is they pay for a survey of your buildings before the work, so it's obvious which cracks are new. It protects both sides.
I would be re-reading the online guidance, but if it's not that close to the garage or anything else, simply taking a lot of 'before' pictures could be enough protection against the minor risk they might damage things?
The top option is they pay for a survey of your buildings before the work, so it's obvious which cracks are new. It protects both sides.
I would say 2.5m away, there is the “side access” to both properties between their works and my garage.
My understanding was the P.W.A meant the person doing work had someone come out and survey things should something disastrous happen. However reading the letter sent, it appears that is only done if I disagree. That can’t be right can it?
My understanding was the P.W.A meant the person doing work had someone come out and survey things should something disastrous happen. However reading the letter sent, it appears that is only done if I disagree. That can’t be right can it?
Have the neighbours served the notice themselves, or was it done via a surveyor?
If you trust the neighbours, you could simply consent to the notice, but with the proviso that a schedule of condition is prepared before works start so that there is an agreed record of condition in the event of damage being claimed to have been caused.
If the neighbours already have a surveyor, you could agree to that surveyor being an "Agreed Surveyor" who should act impartially between both sides.
The surveyor's role would involve sense checking the proposed works, preparing the schedule of condition & putting together the legal document called a "party wall award". In the event of a dispute arising with the neighbours, the surveyor would act to reasonably resolve matters.
You also have the option of appointing your own surveyor, so that there are 2 surveyors who deal with the party wall process. In normal circumstances, the reasonable costs of your surveyor are paid for by the owner doing the works.
If you trust the neighbours, you could simply consent to the notice, but with the proviso that a schedule of condition is prepared before works start so that there is an agreed record of condition in the event of damage being claimed to have been caused.
If the neighbours already have a surveyor, you could agree to that surveyor being an "Agreed Surveyor" who should act impartially between both sides.
The surveyor's role would involve sense checking the proposed works, preparing the schedule of condition & putting together the legal document called a "party wall award". In the event of a dispute arising with the neighbours, the surveyor would act to reasonably resolve matters.
You also have the option of appointing your own surveyor, so that there are 2 surveyors who deal with the party wall process. In normal circumstances, the reasonable costs of your surveyor are paid for by the owner doing the works.
I don’t know them to be honest, they bought the house last year and have yet to move in! I have met them a few times and I have no reason to not trust them.
The letter is from their surveyor. It’s all very standard strip foundation.
We are on chalk, after 150mm of soil or less it’s solid chalk so I am sure there won’t be issues.
If I agree and there is an issue how does that work? Form the letter it appears I have to disagree to get the protection of the act?
The letter is from their surveyor. It’s all very standard strip foundation.
We are on chalk, after 150mm of soil or less it’s solid chalk so I am sure there won’t be issues.
If I agree and there is an issue how does that work? Form the letter it appears I have to disagree to get the protection of the act?
The most neighbourly thing to do is consent and sign it, the safest thing to do is dissent, employ your own surveyor and let the neighbour pay. Your neighbour could be Mr and Mrs wonderful, but it’s their builder who could cause the issues. Has it got planning permission or is it being done via permitted development?
Little Lofty said:
The most neighbourly thing to do is consent and sign it, the safest thing to do is dissent, employ your own surveyor and let the neighbour pay. Your neighbour could be Mr and Mrs wonderful, but it s their builder who could cause the issues. Has it got planning permission or is it being done via permitted development?
Other relevant questions would be about things such as;1) the nature and existent of surveys undertaken;
2) the insurances in place if they screw it up (or issues arise later)
(In addition to things they mention in the Award that you’d want to explicitly discuss and agree anyway)
There is no way I’d blindly agree without getting proper details of what they intend to do and how.
Only other thing I would add is if you disagree and want a surveyor or secondary surveyor for yourself they both have to act independently and impartial from who ever is paying. If you want to be a good neighbour but also want protect you could always say “I want a surveyor to be involved and will be half after the work is finished “. Personally from the sounds of it, very straightforward with not being built up to the boundary line or getting incorporated into the same building structure. Worth getting a copy of the plans to review as well so you know exactly what is being built and it does get build to the original design and size
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