• This topic has 11 replies, 8 voices, and was last updated 15 years ago by aP.
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  • Party Wall Agreements? Any Ideas
  • djglover
    Free Member

    A few weeks ago the new neighbour came round and said they were going to do some building work – knocking down a chimney breast and extending an existing extension by about 3ft. Both of which will be on our party wall.

    She said at the time that she would get a party wall letter for us to sign, we have no problem with the work but want to do thing by the book. The letter never came.

    Anyway, a builder has turned up at the door this morning and said he’s staring the work and were we OK with it. We said no, as we hadn’t had the party wall forms or copy of the plans. He said his client had told him all that was in place and by the sounds of it he’s started anyway.

    Any advice? neighbours haven’t moved in so not easy to talk direct to them

    mudshark
    Free Member

    They have to get your signed agreement before going ahead. You can get them to pay for a Party Wall surveyor if you like – you can choose your own!

    djglover
    Free Member

    They have to get your signed agreement before going ahead. You can get them to pay for a Party Wall surveyor if you like – you can choose your own!

    I know, but they haven’t

    TandemJeremy
    Free Member

    Do you want to remain on good terms with your neighbour? Go and speak to them tonight. Are you happy for the work to go ahead?

    If you don’t mind upsetting the neighbour go and tell the builder that he must stop as no party wall agreement is in place. Take photos of the wall in question ( your side) now so that the condition of it before the works is established.

    djglover
    Free Member

    Go and speak to them tonight.

    They don’t live in the house yet, we’ve told the builder not to go ahead but he has, and yep, photos already taken

    wwaswas
    Full Member

    the builder must have their mobile number.

    suggest you’ll be lookign to him for damages if it all goes pear shaped, he’ll become quite co-operative.

    unlerss what you can hear is other works unrelated to the party wall?

    aP
    Free Member

    If they’re about to start work, pop round and tell them that they haven’t served Party Wall Notice, then ask them to stop.
    If they don’t, get a Party Wall Surveyor involved to act for you (your neighbours will pay for him or her) and serve notice on them to stop.

    KonaTC
    Full Member

    I agree with aP ask the builders to stop work and inform the house owners that you have not received the party wall notice to sign nor have you had a copy of the schedule of works and you have requested work stops on the party wall.

    Ask the builder to inform his client you wish to speak to them on this matter

    Make a note of the builder name, time date, etc.

    Should they do so, 🙂

    Stress that you are happy for the work to be done, but you must protect your own interests should you wish to sell the house in the future.

    Point out a local search will turn up ‘building regulations’ approval for their work. Removing a chimney breast and extending an existing extension by about 3ft may not require planning but will have to conform to building regulations.

    That may affect the future sale of your property

    a) reduced value if works have not got full approval

    b) delay the sale process – you may lose a sale

    If they chose not to contact you then 😥

    Approach the planning office in your local council and ask what is going on, are they aware of the work, have building regulations been approved and issued. Does the extension require planning approval?

    Ask for a building inspector to visit the house, beware if they have acted rashly he is more than likely place a prohibition notice stopping any works.

    Contact your solicitor or a party wall specialist.

    I can remember cases where people have knocked down wall, etc and the house has become unstable and in extreme cases required demolition

    aP
    Free Member

    For party wall information Pyramus & Thisbe

    project
    Free Member

    DJLOVER, you dont half have some problems, phone the local council; , building control, and planning theyll soon stop the builder, he needs your permission as well as the customers, as for chimney breasts is it just going to be g/f removal, if so its illegal as the rest of it could fall down, large unsuported mass.

    They pay your party wall surveyor, and you can have who you like, but probably youll ignore all the free advice and then when there are serious problems, , to late.

    VanHalen
    Full Member

    as above really. they need your agreement to undertake any works on the party wall. they may start stripping out though so the sound of works may be that.

    chat to the builder. talk to the owner on the phone and go from there.

    they may have taken you verbal agreement as read and its likely to be a misunderstanding.

    if you start demanding things over and above your initial conversation with the adjoining owner they may never speak to you again. depends on how you want to play it really.

    officially you should employ your own surveyor and, in conjunction with their surveyor, agree the state of your house before works commence. there is then a post work survey and any defects rectified. from experience of being a party wall surveyor (never again!) its a labourious process, can cost loads and is a royal pain in the proverbial.

    keep things cordial its much better.

    aP
    Free Member

    FWIW I’ve found that people who cut corners usually end up causing everyone problems.
    Get a party wall surveyor (at their expense), ask at the Planning Office and see if its got Building Regs.
    You should have been notified when they went for Planning (possibly Permitted Development) so if you haven’t it suggests that they don’t have this either.

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