[Misc] Party wall question.

[Fountainhead]

Option 1 - Sign agreement, but carry out a photographic survey of the outside and inside of your house, and get him to agree it as a true record, giving him a copy. Get him to agree to repair any damage caused by his works.

Option 2 - Don’t sign it. It will then deemed that a dispute has arisen, and you are able to appoint a surveyor to act on your behalf, at your neighbours expense.

In any event ask to have copies of the planning consent, building regs approval and structural engineers drawings.

There should not be any reason for him not to give you this information.

In option 2 I ought to have that you need to object to the agreement, not just not sign it.

 

[BNthree]

I had this situation recently when I extended my house. I had to give my neighbour a party wall notice as my extension was to be built on the party wall.

I think your options are:

1) Sign the agreement and let your neighbour crack on. It should be fine but it is a risk.
2) Don’t sign it, which will then force your neighbour to hire a surveyor to come out and inspect the wall, take photos of it etc that can be used should a dispute arise down the line. I’d do this.

Go with option 2. Makes it all legal and negates any future disputes. Otherwise it is just he said/she said if thier builders botch something and you need to do formal actions to get it rectified.


Our extension involved replacing the party wall with the outside wall of the new extension. We got surveyors in for neighbours etc. After it was built the neighbours tried to claim we'd built 1 inch too far into their side. Thankfully we got the original surveyor back in and he showed they were wrong. Without the initial survey it would have been a nightmare to have shown we weren't in the wrong.

 

[Fountainhead]

Put ‘ Preventing and resolving disputes in relation to party walls’ in to google - it’s the .Gov website you want. It has guidance and sample letters for the various responses.

 

[Swansman]

It'll be fine, just sign the paper. Trust is good. If there are any complications, just tear it down and maybe terminate the guy.

 

[GT49er]

They have to serve the notice. What chance is there that they'll damage your property? What are they having done?

You don't need a lawyer. You could get a surveyor (your neighbour would have to pay), but ideally you won't need that either.

Correct advice. I am in the same situation myself. Don't agree to anything until the party wall notice is served, then consult an expert - most surveying firms will have a party wall expert. Seek their advice - it will cost you a bit (these merchants are on a hundred quid an hour - but you need a proper party wall agreement.

 

[chimneys]

Correct advice. I am in the same situation myself. Don't agree to anything until the party wall notice is served, then consult an expert - most surveying firms will have a party wall expert. Seek their advice - it will cost you a bit (these merchants are on a hundred quid an hour - but you need a proper party wall agreement.

Your advice is not correct! Its the party seeking to do the works that pays both sides' Party Wall costs! Would be outrageous otherwise!

My advice would be to seek out an RICS qualified Party Wall surveyor (go via RICS or recommendations), then when you have one, let the other side know. They then have the choice of using the same one, or using their own. The former is cheaper for them obviously and the surveyor will give impartial/independent advice.

The advice will include determining the boundary and producing a photographic schedule of condition, in case any damage is done.

Relatively painless process for simple domestic jobs and you will be protected via the surveyor's PI insurance (check they have).

 

[Fountainhead]

Option 1 - Sign agreement, but carry out a photographic survey of the outside and inside of your house, and get him to agree it as a true record, giving him a copy. Get him to agree to repair any damage caused by his works.

Option 2 - Don’t sign it. It will then deemed that a dispute has arisen, and you are able to appoint a surveyor to act on your behalf, at your neighbours expense.

In any event ask to have copies of the planning consent, building regs approval and structural engineers drawings.

There should not be any reason for him not to give you this information.

In option 2 I ought to have that you need to object to the agreement, not just not sign it.

 

[Worried Man Blues]

Social distancing.....NO PARTIES

 

[Shropshire Seagull]

My stance ...

If your neighbour's current property is not big enough for his needs, tell him to not fvck about with it and go and buy a bigger one!

** prepares for flaming from the builders and the serious DIY brigade ....

 

[GT49er]

Your advice is not correct! Its the party seeking to do the works that pays both sides' Party Wall costs! Would be outrageous otherwise!

My advice would be to seek out an RICS qualified Party Wall surveyor (go via RICS or recommendations), then when you have one, let the other side know. They then have the choice of using the same one, or using their own. The former is cheaper for them obviously and the surveyor will give impartial/independent advice.

Yes I know that - NOW - having consulted an party wall expert in a surveyors firm who advised me of my rights, and wrote to my neighbours explaining to them this is what they had to do..

 

[chimneys]

Yes I know that - NOW - having consulted an party wall expert in a surveyors firm who advised me of my rights, and wrote to my neighbours explaining to them this is what they had to do..

You did well to get that better advice within the last hour on a Saturday!

 

[carlzeiss]

This happened to me a few years ago . My new neighbor presented me with plans of their extension which would be built onto the side of our staggered terrace house .Also with an accompanying hand written document requesting signature's for approval . After consulting a solicitor we were advised to appoint a surveyor which they would have to pay for according to the party wall act . 1996 .
The extension ended up being built though and we no longer have any communications with them at their request .

 

[Chief Wiggum]

This should answer most of your questions
https://fpws.org.uk/

 

[Blue Valkyrie]

Don't sign anything unless the neighbour pays for a surveyor who deals with Party Wall issues.

In fact, you'd be crazy just to sign the agreement without one.

 

[GT49er]

You did well to get that better advice within the last hour on a Saturday!

Got that advice weeks ago.

 

[chimneys]

Got that advice weeks ago.

Not to labour the point, but why did you then put something completely different in your first post?!

 

[GT49er]

Not to labour the point, but why did you then put something completely different in your first post?!

I didn't. You completely misunderstood. Yes, my neighbour does have to pay for the surveying. But I didn't know that until after I'd consulted a party wall expert, and my neighbour didn't know (and neither I think did his mate the builder and his mate's brother the architect*) it until the party wall expert I engaged wrote and told them.

*Actually I wonder if those two did know it and thought they could get away with a short cut. Maybe I'm just suspicious............

 

[Cesar Chavez]

Structural engineer to survey. They pay.


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[Tom Hark Preston Park]

A neighbour has just approached me with details of a small extension he plans to build and a party wall legal document he wants me to sign, as the extension involves the shared wall. What am I supposed to do here? Get a structural engineer to look at the plans, a lawyer for the legal document?

From my lay perspective it all looks fine; am I over dramatizing things as it’s only a party wall.

A party wall you say? In Berlin? What could possibly go wrong with that arrangement?

 

[Live by the sea]

I wouldnt sign anything until a structural engineer has given you advice . Paid for by your neighbour ,