Party Wall Act

[ginettag27]

I tried the Search facility but it doesn't seem to want to work...

Has anyone got any experience of the Party Wall Act going "wrong"..

All our other experiences of the Party Wall Act have been fine, no problem, but we've
got one that is "brewing" and the neighbours of a client of ours are willing to do
"whatever" it takes to attempt to stop the building work proceeding, even if we adhere
to all the regulations and Party Wall Act.. Primarily our clients are concerned about
having to pay "experts" fees.. But tbh we've got no experience of the Party Wall Act
being (mis) used to attempt to stop a development proceeding..

AFAIK it's there to allow development to progress, but can it cost lots or take ages?

mtia

[rsv gone!]

You need to get a Party Wall Surveyor on board. My knowledge of the Act is fairly sketchy. It isn't usually too expensive, though. It depends on how many neighbours are affected.

[ginettag27]

Cheers, we were hoping to avoid that. We've done the surveying and adhered to the Party Wall Act, therefore no problem.

Only 1 neighbour involved.

[slow_poke]

Try the guys on the forums over on www.gardenlaw.co.uk - they're pretty good on the PWA.

[mk1fan]

Anything develop with this?????

I'd be interested to know how they're trying to use the PWA to prevent development - given it's been written to remove the 'frustration' clauses of the previous act.

Also - how is a Party Wall Surveyor not involved? If the adjoining owner had an objection then surely they would not 'consent' following service of Notices? Even if they failed to respond to the Notices, then automatically they are deemed to have 'disented' to the Notices and a dispute arise which requires the appointment of a 'Surveyor(s)'.

[mas99]

Have you been to the Pyramus & Thisbe club?

[mk1fan]

Has who been?

[mas99]

The OP.

The P&T used to be a very good source of info on dealing with party wall disputes.

[ginettag27]

mas99 said:

Have you been to the Pyramus & Thisbe club?

Thanks for that link, it looks interesting. Currently there isn't a problem, but I'm certain there will be...

[mk1fan]

Could do with some further info on the situation.

Are you the person carrying out the works - The Building Owner - because if you are then you can't act as the appointed Party Wall Surveyor (although you can serve Notice). If you are the BO and are attempting to act as an APWS then that automatically invalidates the procedure from issuing of Notices to date. So there is one way of frustrating the works.

Bear in mind though that if their response to the Notices was to 'consent' then your obligations under the PWA cease - unless the works change significantly to require new Notice to be served.

What was their resonse to the Notices.

ETA : the P&T Club remains the best and most indepth resource for Party Wall matters.

Edited by mk1fan on Wednesday 10th December 12:23

[Mandat]

ginettag27 said:

mas99 said:

Have you been to the Pyramus & Thisbe club?

Thanks for that link, it looks interesting. Currently there isn't a problem, but I'm certain there will be...

The P&T club also have an online forum but its participants are mostly all Party Wall Surveyors rather than MoPs and the discussions are not as lively as here.

By the way, I know a bit about the Party Wall etc. Act 1996 and would be happy to offer some advice if you've still got a problem.

[Adam T]

Try Rex Practer & Partners Management - http://www.rpp-management.co.uk/ 0808 145 8867 E: [e-mail]

Cannot recommend them enough.

Hope you get things sorted.

If you have any issues please PM me and I will see what I can do to assist.

Adam