Advice on extension (please!)

wah3344

Hi everyone,

We want to get an extension done at the back to increase size of kitchen. Have already got the planning permission and building regulations passed, but when we sought party wall approval from neighbors one of them objected (did the same when we got the loft done!)

They have approached a surveyor who is telling us to do the same to take things forward. Not sure what happens next as their surveyor has stated that whatever the case they will object (even though we have gone through the proper channels).

My questions:
1) Did we actually need to get the Party Wall approvals even though plans have been passed by council?
2) Since they have appointed a surveyor without discussion or agreeing with us, I take it that we don;t have to pay for both surveyor (i.e pay for ours only)?
3) any idea how much and how long this will be?

Many thanks

[Deleted User]

You should post this on https://www.gardenlaw.co.uk

richardw

it is much simpler not to build where the party wall acts apply, but that doesn't help really,more info http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

slummymummyof3

If you are building to the 'line of junction' or within 3 metres AND your foundations are likely to be deeper than that of your neighbour, then you may need the party wall act. You issue your neighbour (or you get a party wall surveyor to do so) with the appropriate plans and notices. Your neighbour then has 14 days to either agree/dispute/not respond. If neighbour disputes, they are entitled to have their surveyor costs met by the B/O - they can either use your surveyor (cheaper option) or appoint their own. If they do not respond then your surveyor will act as the surveyor for you (the B/O and them - the A/O). Party wall act is seperate to planning and building regs. You can look up info on www.partywallforum.co.uk. Party wall stuff is not cheap - you are probably looking up to £2k if they appoint their own surveyor in addition to yours.

marybishop

The neighbours can't stop you building your extension as you have planning and B Regs approval so although their surveyor says they will still object there's nothing they can do. As Slummymummy says PW is totally separate from Planning & B Regs.

As you've obviously got awkward neighbours I would suggest you don't try to circumvent the Party Wall Act as it's there to stop neighbour disputes. Just make sure you appoint a surveyor with experience in party walls. You could look at the RICS website www.rics.org 'Find a Surveyor' for ones in your area. Some give 30 mins free advice over the phone.