MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Ok, we are currently looking to make a small extension to the back of the house and one to the front, and have just got planning permission
Now the next door neigbour has instructed a party wall surveyor (by mistake, as he thought he had to have one), and they are currently trying to bill us.
Now speaking to my architect, he has been very vargue on the requirements and gone to ground (I have realised he is a bit useless now, with this and a few other things)
Having a quick look on the net, i am a little confused.
What are my legal requirements?
Neither of the extensions we are planning will actually touch his land or property, but will be in close proximity to him
What do i need, and what legal requirement to i have to pay for this?
My (very laymanlike) understanding is that if you are building close to a boundary you will likely need a party wall agreement as the footings could potentially have an influence on the neighbouring property. Ideally word your own agreement and get the neighbour to sign it and that's it. They can choose to involve a surveyor which you have to pay for (even if you've already done your own survey). If they've instructed a surveyor then i suspect you need to pay for it
They should really only instruct their own PWS if you're in dispute, but in any eventuality you have to pay for them. You may as well get your own - they will also advise on the reasonableness of the neighbours PWS fees. You could always appoint the neighbours PWS as they're only supposed to act for the wall and not the client (or so John Anstey told me many years ago).
As the building owner, you will need to pay the other side's expenses if there is a dispute or if an award is made.
His PWS isn't a co with the initials VB perchance?
Expanding on nickjb 's post, where
Excavations within 3 metres of a neighbouring building where the excavation will go below the bottom of the foundations of the neighbouring building.
Excavations within 6 metres of a neighbouring building where the excavation will go below a line drawn 45° downwards from the bottom of the foundations of the neighbouring building.
Obviously, without having the plans of the neighbour's building, this will be hard to determine, so for neighbourliness, it may be easier to just jointly appoint the neighbour's choiceand pay him, so as to keep costs down and your own architect on his toes.
(You say it's not touching his land, so won't be considered a new party wall).
Worth reading the government guide, Google for party wall guide.
Also note that one aspect is to have neighbours house surveyed as part of award, so any existing wall or building defects are found, this protects you from a claim later, ie when they say your project damaged their neighbouring building.
So the party wall act protects both parties. But just beware of the fees involved!
Generally pays to keep your neighbours on side. Read up and it will make more sense.
C