Party wall problems.
Discussion
Evening all,Quick answers needed please, my sister and brother in law live in terrace house, it use to belong to our grand parents who many many years ago built a conservatory the same time as there neighbour, with only a single brick between so no cavity, the new people that live there just popped around and told my brother in law that saturday there builder is starting to demolish there conservatory.
what there proposing in a day is to take the adjoining wall down and re build it one brick in on my sisters side, foundations and all, can they just do this, my sister is hopping mad and is away so can't do anything about it, it's a very old conservatory and is quite rotten but is water tight, they are looking in a couple of years time to rebuild it with double footings, but I'm sure there neighbours won't pay out for this. She is not sure what they are proposing to build in its place. Should they go to the council.
what there proposing in a day is to take the adjoining wall down and re build it one brick in on my sisters side, foundations and all, can they just do this, my sister is hopping mad and is away so can't do anything about it, it's a very old conservatory and is quite rotten but is water tight, they are looking in a couple of years time to rebuild it with double footings, but I'm sure there neighbours won't pay out for this. She is not sure what they are proposing to build in its place. Should they go to the council.
I would 'just pop round' and tell them no they're not! Your shared wall is a private matter, nothing to do with the council. Obviously the work will be subject to notification/procedures under the Party Wall Act. You can only really stop them with an injunction though. Or call police for criminal damage/breach of peace if they trespass refuse to stop/leave etc. Also if your conservatory has used the wall for 20 years or more you have a prescriptive right for that to continue (if they say it is their wall on their land).
Edited by Mr GrimNasty on Wednesday 21st September 20:36
Your local planning office and building control office will be able to give you some relevant advice.
All occupiers of party wall buildings are protected by the Party Wall Act.
The neighbour is ignoring the law. Unfortunately there is only one remedy.
You need professional advice from a Solicitor fully conversant with the details of the case. Follow the advice. It is possible to stop this work.
All occupiers of party wall buildings are protected by the Party Wall Act.
The neighbour is ignoring the law. Unfortunately there is only one remedy.
You need professional advice from a Solicitor fully conversant with the details of the case. Follow the advice. It is possible to stop this work.
Steffan said:
Your local planning office and building control office will be able to give you some relevant advice.
It is nothing to do with the council, planning or building control (at least as regards a party wall) and they will not offer any advice in that respect, other than pointing you towards the Act!randlemarcus said:
Tell her to sober up and get herself to a solicitors in the morning then. Moaning about it won't help, making sure it doesn't happen might.
This.Does she know what sort of people they are? Some will stop if you deliver a stiffly worded robust message, others will ride roughshod.
Mr GrimNasty said:
Steffan said:
Your local planning office and building control office will be able to give you some relevant advice.
It is nothing to do with the council, planning or building control (at least as regards a party wall) and they will not offer any advice in that respect, other than pointing you towards the Act!However in my experience over 40 years a reasonable inquiry will usually result in a significant input into the steps that might be taken by the individual seeking guidance.
I have always found building professionals to be very helpful when you approach them for advice with a problem even when it is not technically within their remit.
Obviously we have different experiences of LA staff.
they need to contact a party wall surveyor who will provide the best advice and course of action.
Their neighbours project should now have to stop and wait until the notices are in place.
This could take 8 weeks if you want it to.
In the meantime it is imperative that the neighbours are told this now. If they start to touch the property after being told , I would call the police.
Their neighbours project should now have to stop and wait until the notices are in place.
This could take 8 weeks if you want it to.
In the meantime it is imperative that the neighbours are told this now. If they start to touch the property after being told , I would call the police.
Busa mav said:
they need to contact a party wall surveyor who will provide the best advice and course of action.
Their neighbours project should now have to stop and wait until the notices are in place.
This could take 8 weeks if you want it to.
In the meantime it is imperative that the neighbours are told this now. If they start to touch the property after being told , I would call the police.
Good advice: the Party Wall Act is there to prevent such nonsense.Their neighbours project should now have to stop and wait until the notices are in place.
This could take 8 weeks if you want it to.
In the meantime it is imperative that the neighbours are told this now. If they start to touch the property after being told , I would call the police.
Steffan said:
Interesting view: you are correct in that the authorities are under no obligation to advise.
However in my experience over 40 years a reasonable inquiry will usually result in a significant input into the steps that might be taken by the individual seeking guidance.
I have always found building professionals to be very helpful when you approach them for advice with a problem even when it is not technically within their remit.
Obviously we have different experiences of LA staff.
Whatever dude. As you admit they have no responsibility or authority to advise or intervene and indeed to offer any formal advice would be more than their job's worth and open them to litigation potentially. Oh and 43 years experience in the game says that.However in my experience over 40 years a reasonable inquiry will usually result in a significant input into the steps that might be taken by the individual seeking guidance.
I have always found building professionals to be very helpful when you approach them for advice with a problem even when it is not technically within their remit.
Obviously we have different experiences of LA staff.
It would also be a delay and a complete waste of time in the situation described.
There is no compulsion for the neighbour to stop, therefore given the short timeframe you need to approach the neighbour and ascertain if they will stop and follow the PWA, if not get onto a solicitor to apply for an injunction first. Then worry about appointing surveyors.
Obviously the PWA is actually there to FACILITATE such work, not stop it, but just ensure that it is carried out correctly.
Mr GrimNasty said:
There is no compulsion for the neighbour to stop, therefore given the short timeframe you need to approach the neighbour and ascertain if they will stop and follow the PWA, if not get onto a solicitor to apply for an injunction first. Then worry about appointing surveyors.
Obviously the PWetcA is actually there to FACILITATE such work, not stop it, but just ensure that it is carried out correctly.
Two good points. Any update from the OP?Obviously the PWetcA is actually there to FACILITATE such work, not stop it, but just ensure that it is carried out correctly.
There is a good PWA Etc.. leaflet that used to be available in Council Offices and so on.. You need to get hold of this, or at least read up about it online.
Start telling your sister that she needs to keep a note of dates and times of meetings, etc..
At the very least they (the neighbours) should provide a letter indicating what they are going to carry out and that they are going to carry it out in a safe manner. They should also provide a sketch of the groundworks they are intending to carry out, as these could undermine your (sisters) property's foundations.
If damage arises to your sister's property from the building work they (the neighbours) will be liable for the remedial work...
Oh and start taking photos!
If they build it one brick in, will the conservatory be narrowed??
Is this the first that's been mentioned of the work? Poor show if it is. Have any Planning drawings been submitted? If so, check them.
This doesn't sound correct. They cannot simply remove and move a shared wall.
ETA : read all the docs here : http://www.communities.gov.uk/publications/plannin...
Start telling your sister that she needs to keep a note of dates and times of meetings, etc..
At the very least they (the neighbours) should provide a letter indicating what they are going to carry out and that they are going to carry it out in a safe manner. They should also provide a sketch of the groundworks they are intending to carry out, as these could undermine your (sisters) property's foundations.
If damage arises to your sister's property from the building work they (the neighbours) will be liable for the remedial work...
Oh and start taking photos!
If they build it one brick in, will the conservatory be narrowed??
Is this the first that's been mentioned of the work? Poor show if it is. Have any Planning drawings been submitted? If so, check them.
This doesn't sound correct. They cannot simply remove and move a shared wall.
ETA : read all the docs here : http://www.communities.gov.uk/publications/plannin...
Edited by eps on Thursday 22 September 17:45
gtidriver said:
Hi just got in, I'm awaiting on my sister to ring me back, she was waiting on the council. What's annoying her is this is going to cost them money due to there neighbours being sly.
It's going to cost them time, money and any good relations they have with their neighbour and, after all of that, the work will go ahead as already planned.I don't understand why your sister is upset about this?
Ok, so they should have given sufficient notice that they planned the works, but other than that, what is the problem?
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