party wall issues

dllive

Hi, I had a viewing at a house Ild like to buy. It looks quite tidy inside (its been well looked after), but very small. What concerns me is that the property next door was sold on aucton in December, and the new owner has gutted the place out and is about to carry out fairly extensive work on it. There is a party wall between the 2 properties made from lath plaster. The vendor has said that they havnt been issued with a 'Party wall notice' yet, but is expecting one.
Im completey new to all this, and it doesnt look like its going to be as smooth a transaction as I was hoping for. Is this 'party wall notice' anything to worry about? Ive done a bit of research and it looks like Party Wall Notice is a planning notice to show what the person is intending on doing to the wall. The vendor thinks they are going to build a wall alongside the existing wall (which will be good for me as it will sound proof the existing lath plaster wall). But what if the people want to start knocking holes in the wall? Do I have a right of appeal? will this cost me? Am I liable to contribute to whatever it is the person wants doing to the party wall? I dont mind being next to a building site for a couple of months, but I dont want to buy somewhere (its at the absolute ceiling of of what I can afford), and then be embroiled in a battle over party wall issues. I certainly couldnt afford the solicitors fees.
Any advice would be very welcome.

G_M

This will explain the Party Wall Act, each person's responsibilities, what to do if there's a dispute and who pays (they do!).

dllive

Thanks G_M, Ill have a look at that link now. The last 2 words of your post has relieved me slightly(!)

dllive

Ive been reading through that document - very interesting, and in plain english. What I also want to know is can the person carrrying out the work force me to contribute to the costs if the building work benefits me (such as reinforcing the party wall).

00ec25

page 11 section 16
Who pays for the building works

Your agreement with the Adjoining Owner, or the award in the event of a dispute, will set this out.

The general principle in the Act is that the Building Owner who initiated the work pays for it if the works are solely for his benefit.

However, there are cases where the Adjoining Owner may pay part of the cost, for example:
- where work to a party wall is needed because of defects or lack of repair for which the Adjoining Owner may be responsible (in full or in part).
- where an Adjoining Owner requests that additional work should be done for his benefit.


if you have not agreed to pay for it as part of the agreement or neither of the above two examples apply then you will not have to share the cost

Doozergirl

I don't really see what they could do that would help you in such a way that you needed to pay for it. Reinforcing a wall? Is it falling down? Presumably we're talking about a structurally sound property here that you are looking to buy?

I honestly can't imagine what they'd do that would have a clear bearing on you as being responsible unless the house was structurally instable - in which case we'd be talking about a problem that you know about , you can get the vendor to pay for. A full survey will tell you where the issues are and answer your question straight out. If there is something urgent then make the vendor pay, if there isn't then you have no liability.

I would have a chat with next door and see what their intentions are. Asking a question gets you a much straighter answer than wondering about Party Wall Agreements! If you are buying the house, it becomes your business, so it's fair to ask.

olias

I would doubt very much that the dividing wall is a just made of lath and plaster. In a flat maybe, but not a house. Much more likely to be a solid wall with a lath and plaster coating. Unlikely to be a problem unless they are doing major structural work and the plaster starts to come off due to vibration etc, Even then it will normally be their responsibility to put right.

Do as Doozer says and talk to them.

Olias

kmmr

As a person doing the work on a party wall at the moment, I can tell you that I am 100% responsible for any and all costs the others party or parties feel like throwing my way.

Including building a wall strong enough for some future work they may want to do... but they will pay me some amount in the future if they actually do the work. Half the value of the wall. How that is decided in X number of years is a mystery to me though!

Talk to them. The other side will generally do whatever you want to try and avoid continuing legal costs!

dllive

Thanks all. I always err on the side of caution, but your comments have made me feel more comfortable. Youve been very helpful.