Party Wall Agreement

resting-raver

Hi, can anyone help with information relating to my council building an extension for their tenants next door to my property. The council has sent me a party wall agreement and i have put this into dispute and have contacted my own surveyour to represent me but so far it seems that the council want to do what they like including access to my property which is privately owned by me.
To build this extension the council will be demolishing my neighbours outbuildings (basically concrete sheds) which are joined to my outbuildings along the boundary between our properties, can i deny access to my land, can i stop them touching my property.
The roof of these outbuildings is made from reinforced concrete and what the council want to do is remove my concrete roof and replace it with a wooden one when they demolish my neighbours shed which i have said i will not agree to.
My neighbours are neighbours from hell and i want nothing to do with this extension and i certainly dont want them to touch my land or property what can i do about this, do i need to talk to a solicitor? or do i just need to get my surveyour to object all offers so they have to take me to court which im willing to do. /please help

paddy's_mum

I think you might have missed the whole point of a Party Wall Act agreement. It is actually to facilitate work such as that you describe, as well as to protect your position/property.

Your neighbours might be awful but it is not them doing the work, is it? It is your local authority and I suggest that despite your obvious anger, you might get a better response if you try to meet the council halfway rather than present an implacable, hostile, obstinate face.

As I understand it, at the end of the day, the council will be able to over-ride your wishes but it will have cost you perhaps months of stress and misery as well as many thousands of pounds in legal fees and court costs.

Why not accept that the council have property rights too and work with them and keep all that lovely money in your pocket not that of the lawyers?

Hope it works out for the best for everyone.

notrouble

This is what Pary Wall Agreements are for!

Speak to your surveyor and get him to advise you and represent your interests.

Und the Party Wall Act, your surveyor's fees will be paid by the council.

keystone

and until the Agreement is signed no work should be carried out.

Cheers

cddc

keystone wrote: »

and until the Agreement is signed no work should be carried out.

Cheers

On this point, what if a neighbour just refuses to respond in
writing to anything to do with a party wall agreement?

Can you still not start work?

keystone

There is a legal duty to serve a Party Wall Notice where required. If the neighbour responds positively and agrees then all hands to the pumps.

Im sure that the neighbour has only 14 days to respond to such Party Wall Notice and that if they don't respond within that period they are deemed to have not agreed to the work. In that case (or if they reply in the negative within that period) no work can proceed until the person serving the Notice appoints a Party Wall Surveyor to draw up a PWA.

Somone wil be along later to tell me I'm wrong of course.

Cheers