Party wall advice

bosseyed

Hi all

Appreciate this has probably been answered before, but I'm posting this from my mobile and the search function won't work.

So, my neighbour has just let me know that they intend to start work on a loft conversion in a couple of weeks which will involve fixing 2 steel beams into the party wall between our properties and installing an entire new roof which will have to but neatly up against our roof. They'd never heard of the party wall act and I only have a very basic knowledge. Whilst I don't intend to make life difficult for my neighbours, the what I've seen of their plans doesn't fill me with confidence. The plans are generic bearing no resemblance to my neighbours house and there is no detail on structural loadings, the size of the proposed beams, how they intend to seat them in the wall, how the roof detail will be satisfactorily fixed to ours etc etc.

So, questions:
1) Are there any forms I can download for the act that I can get my neighbours to sign where I can request that until the proposed details have been supplied and approved by a structural engineer and building control, no work may commence? Am even allowed to make demands like that?

2) Is this stuff we need to appoint surveyors for? I can't afford this if so.

Overall I just have concerns over the company they've appointed for the works and want to ensure they don't cause us problems.

Thanks

jennifernil

Does work like this not need permission from building control anyway?

Certainly would up here in Scotland, perhaps the regs in England are different.

iamcornholio

The PW Act gives you no more rights than you already have. If the neighbours cause damage to your property, they are liable just the same. The PW Act will not guarantee good work either

It is up to the neighbour to invoke the Act and serve a formal notice on you. Only then can PW Surveyors get involved to draw up the Award (or details) of how the work should be done. And as your neighbour will pay all costs, he may not want to do this - in which case you will have to seek a court injunction

I am not sure how you have seen their plans, as the building control plans are not public domain. Have you just seen planning permission plans?

The work will be (or should) overseen by building control in any case regarding the roof connection, and structural loadings - and calculations may well have been submitted.

cyclonebri1

I think I got involved with IAM in a similar post of mine.
It opened my eyes to the "partywall act".

I suggest you study it and ensure the neighbour conforms if you have any issues.

The friendly way about this would be to ask the neighbour if you can be present at all the building inspectors visits, I've done this and not had a problem. If the neighbour doesn't agree then you are right, you have a problem.;)

robatwork

I saw this link on the forum a while ago - looks pretty clear:

http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf

teneighty

I would suggest it is very important that you get your neighbour to comply with the reqiurements of the Party Wall Act. It will provide a legal framework to protect you from any damage to your property and all reasonable costs will be paid by your neighbour. If you ignore the Act and rely on your common law rights you will have to pay all your owns legal costs and hope you get them back after court action...its a no brainer!

Try to start off friendly and neighbourly, its is likely that they've never heard of the Party Wall Act, but you need to give them written notice that you believe the works come under the requirements of the Act and that no works should commence until formal notices have been served. The formal process needs to be instigated by your neighbour.

You will read horror stories on here about expensive and incompetent surveyors and the situation descending into terrible neighbour disputes. It does not have to be like that if you and your neighbour both enter into the process in good faith. You can both reach an agreement between yourselves for free provided you are confident you can follow the procedures laid down in the act or appoint an agreed surveyor to act for both of you. Your neighbour should get fee quotes from various party wall surveyors as fees vary from £50/hour to £200/hour plus. So a party wall agreement could cost your neighbour as little as £500 if they shop around.

bosseyed

Thanks for the replies chaps.

I saw their plans by simply asking my neighbours what they had drawn up. This is how I know that their plans are terrible and there is very little detail on there.

We're on good terms with our neighbours though, they're nice people so the last thing I want to do is cause them expense and stress, but I do care that the work they have is good enough for both our sakes. Appreciate that a Party Wall award does not guarantee this at all, but I do want my family to be covered for all expenses on the off chance that the work done is substandard and needs rectifying.

I know it is my neighbours who ought to be serving me with notice and documentation, but they don't appear to know anything about it and the company they're using for the loft conversion has not mentioned anything about party wall to them. This is why I thought I might get something printed that is in accordance with the requirements of the Act, so we can both sign it.

So I have already got the guidance on the Act, but what I can't find is any kind of existing templates or forms that we can both sign. Mind you, I'm not even sure if it works that way round, if I find the stuff for him.

Anyway, thanks all.

cyclonebri1

Have another look, I'm sorry but I can't remember the details but 1 site on the subject has various template letters on the subject.

You don't need to cause them any expense other than that required to do the job correctly.

Get involved when the building inspector arrives, I know I said it before but he is is neutral as anyone can be, I'm sure your neighboour won't mind given the info you've posted.

Here you go, this is the 1 1 looked at, clearest by far, templates at the end

http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf