Party garden wall agreement - is it really necessary?

BlondeHeadOn

We have obtained planning permission for a large conservatory, one side of which is to be a new wall to replace a garden fence between us and next door. All passed fine; neighbours have no problem with this and in fact want us to continue the wall down the side of the garden to replace the existing fence there as well. We all think this is a good idea, so we are going to do this.

However… I've just been reading up about agreements being required for party garden walls - which started to suggest I'd have to pay for a surveyor etc. as well. But reading further it seems that this bit of party wall law is pretty confusing and badly drafted, and after the wall has been up for a few months then the agreement isn't needed - or enforceable - anyway.

Just to clarify: we have a very good relationship with our neighbours, and they are more than happy for us to replace our existing garden fence with a wall as it makes their garden much nicer too. I don't envisage any difficulty with them when we have the work done. We have in the past joined forces with these neighbours to get various building work done on both houses as a joint project, so we do communicate well and can work together.


So…. I'm really at a bit of a loss as to what to do with this. Do we need to get one of these agreements signed between us and our neighbours? And if we do, does it have to involve paying a surveyor?

Help please!

southcoastrgi

here you go some bed time reading for you & it will even generate the correct letter.

Clicky

Orford

You do need to serve formal notice, but there should be no problem if, as you say, the neighbour is in agreement

A surveyor is only involved if the neighbour objects.

WallParty

There's an online service - PartyWallDirect - which helps you serve the right notice to your neighbour without paying for a surveyor upfront.

You only pay for a surveyor if your neighbour disagrees with your proposals. It might help cut through some of the complexity and keep the costs down.

BlondeHeadOn

Great, thank you to all who replied. I will sort out the online letter as advised and take it next door.

Many thanks again!

:T

teneighty

Please be very careful of online companies selling party wall notices, especially if they do not display professional qualifications or membership of a regulated professional body such as the Royal Institution of Chartered Surveyors or Faculty of Party Wall Surveyors or others.

For a simple domestic extension where neighbours are already in agreement it is relatively simple to work through the process yourself for free. Some online companies are just scammers who will end up costing you a fortune.......just read some of the previous threads on party walls.

BlondeHeadOn

teneighty wrote: »

Please be very careful of online companies selling party wall notices, especially if they do not display professional qualifications or membership of a regulated professional body such as the Royal Institution of Chartered Surveyors or Faculty of Party Wall Surveyors or others.

For a simple domestic extension where neighbours are already in agreement it is relatively simple to work through the process yourself for free. Some online companies are just scammers who will end up costing you a fortune.......just read some of the previous threads on party walls.

This was what I had read, and why I was concerned.

Don't worry, I am not going to pay anyone for the letter, there are free ones downloadable which should be all I need.

Many thanks!

southcoastrgi

WallParty wrote: »

There's an online service - PartyWallDirect - which helps you serve the right notice to your neighbour without paying for a surveyor upfront.

You only pay for a surveyor if your neighbour disagrees with your proposals. It might help cut through some of the complexity and keep the costs down.

there is a reason you can't post links as a newbi, however helpful, reported as spam

Hintza

I have been involved in two disputes about property and although not party walls it has been over boundary disputes.

One was caused by my father (when he was alive) and his lawyer at the time failing to draw up a correct deed on the sale of a piece of land which ended up biting my sister some 30-40 years later.

The second time is with current neighbours over actual boundary lines that were again not drawn correctly 10-20 years ago.

So if you don't do it right now it will probably be fine for years until.........