Party Wall [TEXT DELETED BY FORUM TEAM]

chappers

There is a simple solution to this problem and that is don't serve a PWA notice, the act is toothless and there is no provision within the law for penalty for not serving one. Your neighbour would have to get a court order to stop you carrying out the works and to do so would have to prove the works were onerous or caused damage to their property.
The PWA doesn't absolve you of this responsibility anyway so is totally pointless.
The PWA was designed to reduce neighbour disputes, but usually only serves to create them. It is no substitute for good building practice or good neighbourly relations.
IMHO it should be binned

MisterBaxter

chappers wrote: »

There is a simple solution to this problem and that is don't serve a PWA notice, the act is toothless and there is no provision within the law for penalty for not serving one. Your neighbour would have to get a court order to stop you carrying out the works and to do so would have to prove the works were onerous or caused damage to their property.
The PWA doesn't absolve you of this responsibility anyway so is totally pointless.
The PWA was designed to reduce neighbour disputes, but usually only serves to create them. It is no substitute for good building practice or good neighbourly relations.
IMHO it should be binned

The only caveat to this is that if/when the owner comes to sell a property that should have had a Party Wall Agreement there may be issues with the buyers Solicitor if you are unable to provide a copy of the Agreement document as the Adjoining Owner (neighbour) still has options for redress against the owner of the property where the work was done.

Typically this is an issue that arises the day before completion and leaves everyone rushing around trying to resolve matters, as with the lack of Building Regulations approval it would probably mean the buyers having to take out some sort of indemnity insurance, presumably expecting the seller to pay for their failure to act in accordance with the law at the outset.

chappers

MisterBaxter wrote: »

The only caveat to this is that if/when the owner comes to sell a property that should have had a Party Wall Agreement there may be issues with the buyers Solicitor if you are unable to provide a copy of the Agreement document as the Adjoining Owner (neighbour) still has options for redress against the owner of the property where the work was done.

Typically this is an issue that arises the day before completion and leaves everyone rushing around trying to resolve matters, as with the lack of Building Regulations approval it would probably mean the buyers having to take out some sort of indemnity insurance, presumably expecting the seller to pay for their failure to act in accordance with the law at the outset.

Pants, there is no provision for redress within the party wall act, however a PWA agreement may form part of the evidence in the case of a dispute or claim for damage.
The neighbour still has the same options for redress even if a PWA agreement is in place, the PWA doesn't provide anything extra.
There isn't even any provision in the law for penalty for not invoking a PWA.
The PWA is all about pre-construction negotiation making sure that both parties are aware of the works that are going to be carried out.

DRP

Agree with chapters, I don't believe post #83 is accurate or realistic.

MisterBaxter

chappers wrote: »

Pants, there is no provision for redress within the party wall act, however a PWA agreement may form part of the evidence in the case of a dispute or claim for damage.
The neighbour still has the same options for redress even if a PWA agreement is in place, the PWA doesn't provide anything extra.
There isn't even any provision in the law for penalty for not invoking a PWA.
The PWA is all about pre-construction negotiation making sure that both parties are aware of the works that are going to be carried out.

I never said that there was redress under PWA but that an adjoining owner could have redress where work was done which as you state applies regardless of PWA being in place. As you have alluded to a PWA agreement could be used as evidence to prove that all works had been done as agreed. My point was more to do with the conveyancing process (perhaps that wasn't clear in the way I worded my post).

I know of two solicitors locally (Midlands) that request a copy of the agreement during the conveyance process and I also know of a case where it held up the completion, in that instance there was an agreement but the vendor didn't have a copy.

I don't necessarily agree with the PWA but as a surveyor I always make sure I use it where it is needed because I have a duty to my clients. Done properly and sensibly it shouldn't be an issue.

NAGA_3

Hi,

I'm building a 4 metre rear extension for the end of terrace . We have given both our neighbours party wall notice, thinking that they would agree without any issues.

One of the adjoining neighbour who we share a wall with, came back to us saying they want to get an agreed surveryor. We understand their concerns as the house is completely attached and they wanted to have peace of mind.

However the other side of the neighbour who we share a fence with, appoints there own surveyor without even speaking to us or informing us of his decision. That surveryor looks to be a con artist and he is trying to charge us 1250+VAT.

What can we do in this matter as this is costing us both time and money.

These surveyors just scan through planning applications and send the neighbours letters, which the nutty neighbours like mine take it up without any discussion with an intention to delay the work.

DRP

NAGA wrote: »

Hi,

I'm building a 4 metre rear extension for the end of terrace . We have given both our neighbours party wall notice, thinking that they would agree without any issues.

One of the adjoining neighbour who we share a wall with, came back to us saying they want to get an agreed surveryor. We understand their concerns as the house is completely attached and they wanted to have peace of mind.

However the other side of the neighbour who we share a fence with, appoints there own surveyor without even speaking to us or informing us of his decision. That surveryor looks to be a con artist and he is trying to charge us 1250+VAT.

What can we do in this matter as this is costing us both time and money.

These surveyors just scan through planning applications and send the neighbours letters, which the nutty neighbours like mine take it up without any discussion with an intention to delay the work.

So why did that happen? What did the neighbour say when you spoke to them in advance of the PW notice?

moneyistooshorttomention

DRP wrote: »

So why did that happen? What did the neighbour say when you spoke to them in advance of the PW notice?

Or, phrased another way, the neighbour should have given you advance notification (in writing of course) of their wish to employ a joint surveyor and requested your agreement to this and told you how much it would cost.

If they failed to do that - then on their head be it.

DRP

moneyistooshorttomention wrote: »

Or, phrased another way, the neighbour should have given you advance notification (in writing of course) of their wish to employ a joint surveyor and requested your agreement to this and told you how much it would cost.

If they failed to do that - then on their head be it.

It is all on the OPs head as they will be footing the bill.

The implication in my post was that there is something happening here that we are not 'party' to.

Most people who are carrying out work on their house will discuss it with their neighbour. This is common courtesy, but also can avoid awkward and expensive situations.

AylesburyDuck

He's now started his own thread, i agree there does seem to be more to this than meets the eye.