Party Wall Act - Help required,
Discussion
I have received a notification from a building surveyor acting for someone who is planning on building a block of flats adjacent to my flat. The problem is that my boiler flu has its exit through this party wall which they plan to build against. They have requested access to my flat to possibly 'relocate the boiler'.
They inform me that If I do not respond within 14 days, then a 'dispute' is said to have occurred and I will need to appoint a surveyor in order to deal with this.
My question is what are my rights here? Can I simply deny access to my property and simply say that I don't want anything to do with this. or do I have to agree in some part. Will they pay for the surveyor that I am meant to appoint.Is there any compensation/payment for my effort in all this.
To be honest this is not my problem and I don't have the time to spend on this.
Any advice/suggestions would be gratefully received.
They inform me that If I do not respond within 14 days, then a 'dispute' is said to have occurred and I will need to appoint a surveyor in order to deal with this.
My question is what are my rights here? Can I simply deny access to my property and simply say that I don't want anything to do with this. or do I have to agree in some part. Will they pay for the surveyor that I am meant to appoint.Is there any compensation/payment for my effort in all this.
To be honest this is not my problem and I don't have the time to spend on this.
Any advice/suggestions would be gratefully received.
http://www.communities.gov.uk/publications/plannin...
Have a look through the basic guide .
The terminology about " dispute " sounds harsh but it is correct , your boiler IS going to move .
I do not think there will be a right to compensation for time , but the Party Wall Surveyor you employ , I am sure will be at the adjoining owners cost.
If they are building up to the boundary it is not just the boiler flue that will form part of the agreement.
They also want access to your property to check for any cracking or damage to the property as is.
I am sure there are a couple of Party Wall surveyors here who will tell you more in precise terms
Have a look through the basic guide .
The terminology about " dispute " sounds harsh but it is correct , your boiler IS going to move .
I do not think there will be a right to compensation for time , but the Party Wall Surveyor you employ , I am sure will be at the adjoining owners cost.
If they are building up to the boundary it is not just the boiler flue that will form part of the agreement.
They also want access to your property to check for any cracking or damage to the property as is.
I am sure there are a couple of Party Wall surveyors here who will tell you more in precise terms
Edited by Busamav on Wednesday 17th February 09:19
Busamav said:
http://www.communities.gov.uk/publications/plannin...
Have a look through the basic guide .
The terminology about " dispute " sounds harsh but it is correct , your boiler IS going to move .
I do not think there will be a right to compensattion for time , but the Party Wall Surveyor you employ , I am sure will be athe adjoining owners cost.
If they are building up to the boundary it is not just the boiler flue that will form part of the agreement.
They also want access to your property to check for any cracking or damage to the property as is.
I am sure there are a couple of Party Wall surveyors here who will tell you more in precise terms
Absolutely agree, and several properties I own, including commercial high street premises, have involved neighbours commissioning building work, under the Party Wall Act.Have a look through the basic guide .
The terminology about " dispute " sounds harsh but it is correct , your boiler IS going to move .
I do not think there will be a right to compensattion for time , but the Party Wall Surveyor you employ , I am sure will be athe adjoining owners cost.
If they are building up to the boundary it is not just the boiler flue that will form part of the agreement.
They also want access to your property to check for any cracking or damage to the property as is.
I am sure there are a couple of Party Wall surveyors here who will tell you more in precise terms
The OP without delay should consult immediately a firm of building surveyors, the costs of which will be born/paid by the party building the flats.
If the OP’s flat is Leasehold, and there is a Property Management Company managing his block of flat/s, then they also should be informed.
For me in the above Party Wall Act cases, the building surveyor photographed and recorded defects/cracks inside and outside of my property, and any works required, moving boiler was met, paid for by the neighbours.
Agree as above except that the boiler is only possibly going to have to move. The flue will have to move but depending on the location within a property sometimes the flue can exit through another wall without moving the boiler so the letter that you have is correct. Note that if you do not appoint a surveyor then they will appoint one for you. A condition survey of your property is strongly advised.
JR said:
Agree as above except that the boiler is only possibly going to have to move. The flue will have to move but depending on the location within a property sometimes the flue can exit through another wall without moving the boiler so the letter that you have is correct. Note that if you do not appoint a surveyor then they will appoint one for you. A condition survey of your property is strongly advised.
From bitter experience I recommend a survey of your property.I used to live in a flat in a Victorian Semi. Next door decided that they would dig down in the cellar to make 2 more rooms. Standard party wall stuff applied etc. The idiots didn't do the underpinning correctly and the middle of the house sunk by 4-6 inches. The utter gimps had also taken out the ground floor entirely therefore removing any support granted by the beams on the ground floor.
We weren't affected too much but the other flats had cracks on the party wall that you could fit your entire hand in. It took over a year to get sorted, repairs done etc. Most of that was spent disagreeing about the condition of our property before the works began.
Ultimately all ended OK but we could have done without the hassle.
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