Party Wall Act 1996

cyclonebri1

luke123456 wrote: »

So Can I just check, you are saying the loft conversions shouldn't cause any harm really? Its the rear ground floor extension to watch out for?

Yes, that's what I'm saying, the work will be in the loft space, no chance of damaging your plaster etc, and any thing that affects you will be seen from your side.
The only slight complication to watch out for is that in older semi's the gable end and shared wall often go from cavity to double brick construction and eaves height. In that case the purlins, both the old ones and the replacements, will overlap in the party wall so you will see the ends of the new work.
Go into the roof space, look at the long support timbers, the purlins, that run from 1 side of the house to the other supporting the roof. Can you see the ends of the neighbours at the party wall? That will give you an idea.

These firms keep saying the beams will be put for the loft conversions so I wasn't sure which is to worry about the loft conversions or the rear extension.

Also are you saying that they won't be able to extend their rear extension by more than mine (which is 3m?) As they are planning for 4m but under PD they can go for up to 6m...?

Not saying that at all, I don't think the depth of the extension has anything to do with your party wall queries. The issue is the same regardless of how long the party wall

Also, I don't know what his obligations are under the said act, please can you enlighten me?

As everyone has said, he is obliged to inform you in writing unless you agree by mutual agreement to avoid the costs of a party wall surveyor


Also I appreciate the comment about the neighbour being my neighbour forever...whilst these companies will walk out...I don't want to fall out with them hence we didn't really object to the plans as on the balance of things wasn't really worth it but also don't want our work to go to waste as I say we have many thousand pounds in our house work.
Thnaks!

I'm sorry but I have to ask again as I think it's critical if you wish to avoid confrontation as you say, are you are avoiding the issue?
Have you made your neighbour aware of his obligations?? yes or no?


My bottom line is that given all you have said, he is going to have to appoint a PWS.
If he is anything less than a good neighbour you would be a fool not to force him to go that route.
But informing him that you know the rules is essential, put the boot on the other foot, would you rather have your neighbour talk over the work and the fact that he knows your responsibilities, or simply land a charge for a survey through your letterbox?

keystone

luke123456 wrote: »

This may be touching my wall. I do not know.

cyclonebri1 wrote: »

That was the info I was wanting, your wall is up to the boundary, theirs will be too, give or take a knat's

Has OP really been that definitive Cy? I don't think so but if you are happy that he has then you can run with this. I'm out.

Cheers

Edit: This is what I mean by definitive.

a) The houses are a pair of semi detached. His loft conversion involves the party wall between the two properties. I already have a rear extension up to the boundary. PWA applies on both counts.

b) The houses are detached from one another. I already have a side and rear extension. The side of my house facing his and my rear extension are 1 metre from the boundary and so 2 metres from his house. My side extension is on the opposite side to the neighbour concerned. His rear extension will be 1m from the boundary and his side extension also on the opposite side. PWA applies for the rear extension but nothing else.

c) The houses are detached from one another and 10 metres apart. I already have a side and rear extension. My existing side extension is in the gap between us and both side and rear extensions are 2½ metres from the boundary between us. His rear extension is slightly bigger but his side extension will also be 2½ metres from the boundary. PWA doesn't apply on either loft conversion or extension grounds.

Pick a, b or c or modify them appropriately or state what the layout truly is.

IMO its all dancing round handbags until this is known.

cyclonebri1

keystone wrote: »

Has OP really been that definitive Cy? I don't think so but if you are happy that he has then you can run with this. I'm out.

Cheers

Edit: This is what I mean by definitive.

a) The houses are a pair of semi detached. His loft conversion involves the party wall between the two properties. I already have a rear extension up to the boundary. PWA applies on both counts.

b) The houses are detached from one another. I already have a side and rear extension. The side of my house facing his and my rear extension are 1 metre from the boundary and so 2 metres from his house. My side extension is on the opposite side to the neighbour concerned. His rear extension will be 1m from the boundary and his side extension also on the opposite side. PWA applies for the rear extension but nothing else.

c) The houses are detached from one another and 10 metres apart. I already have a side and rear extension. My existing side extension is in the gap between us and both side and rear extensions are 2½ metres from the boundary between us. His rear extension is slightly bigger but his side extension will also be 2½ metres from the boundary. PWA doesn't apply on either loft conversion or extension grounds.

Pick a, b or c or modify them appropriately or state what the layout truly is.

IMO its all dancing round handbags until this is known.

H'mmm I'm totally confused now, I was going by post #12

Quote;
"I am not sure what you mean by how close is the wall...?
Its a side and rear elevation to the existing loft and extension of the kitchen at the ground floor by 4m into the kitchen. This may be touching my wall. I do not know. The council also seemed to hint it maybe too large 4m but they may end up getting it as PD allows 6m now. "


Add to that the fact that with semi's it's usually only possible to do a mirror image extension to each home, ie, the walls are back to back.

Yes, sometimes we are reading between the lines and have to both fish and second guess posters. Result is trying to answer several scenario's

Another case where a picture would "paint a thou...................".

I don't have anything else to add either.;)

keystone

Yes its that "may be touching my wall" bit that tells me nothing whatsoever and its the only clue OP has given.

No suggestion of it being a semi either - unless I've misssed it completely.

Cheers

cyclonebri1

keystone wrote: »

Yes its that "may be touching my wall" bit that tells me nothing whatsoever and its the only clue OP has given.

No suggestion of it being a semi either - unless I've misssed it completely.

Cheers

Hmmm you're right on that one, I am assuming. That is the only way roof steels could invoke the PWA, and the only scenario in which the OP would have anything to worry about.

I am also making a big assumption here in the honesty of said inspectors. They must be able to see from the plans that it is a party wall issue. They wouldn't dream of trying it on, would they:o:o:o:o;);)

My money is still on it being a semi with the extension, soon to be 2, up to the boundary.

I'll either have to eat my words or claim clairvoyancy later, if we ever find out that is;);)

One thing is for sure, by the time we get the info we will have covered the answer:rotfl:

keystone

Trouble is that Council PP site PWS grazers will say anything to get you a) worried, b) interested and c) hooked so what ever they suggest needs taking with a large handfull of sodium chloride.

A near neighbour had a rear extension not so long ago. His door number is the one previous to mine on an even numbering basis. I got a letter from one of these types who a) had failed to spot that the extension only affected the house on the other side of the neighbour and b) seeing as how we live in an oval cul-de-sac with a green in the centre there is no odd/even numbering on opposite sides - all numbering is sequential round the outside. So there is another house with an odd number between me and said neighbour rather than my house being next door to the extension. Plonkers.

Cheers

luke123456

Hi

Update!

The neighbours have just now (11th May) posted me a 'Party Structure Notice'. The main bits noted state:

The proposed works are:
A single storey ground floor rear extension
Loft Conversion
General Internal House refurbishment, painting and repair of external walls as well as replacement of existing roof

The proposed works do not involve special foundations and as such I enclose the relevant plans of the proposed construction.

I intend to start works on 19th May 2014 with your written agreement.

Please sign if you ate content for the works to go ahead. If you do not confirm in writing that you are content we will be in dispute under the Act.

If we are not content for the works to go ahead they have suggested a surveyor and given his name. If not they have also suggested we can recommend someone.

Please can you advise me guys...They have not given me plans, so I can request these. Do I just sign this ? Or do I need to call the RICS for advice or one of the surveyors that posted a letter in my door, I just don't want any damage to my house at all.

Thanks

2013yearofthehouse

You need to ask for the plans and preferably a construction section (if relevant i.e. They are building right up to the boundary or using/changing a party wall which I'm assuming they are), only then will you be fully aware of what they are proposing. The final plans they intend to build from, don't rely on what you looked at last year, incase they've changed it.

Do not sign unless you are happy for them to go ahead. Ideally, even if you are happy with them to go ahead and do not need to appoint a surveyor, I would ask that their surveyor still produces a thorough condition report, with photos, for your property (that you double check yourself), before giving the go ahead. If you are not happy, then either appoint their surveyor (check his credentials first though) or appoint one of your own (use one from the RICS website http://www.ricsfirms.com preferably a party wall specialist).

Although, it really depends how complex your neighbours plans are and how much they affect you. If you do not understand the plans then you could try asking in the local council planning department (I assume they have granted permission by this point?) - I have found mine to be very friendly and both a planning officer and a guy from building control were happy to talk through and explain some drawings a friend of mine took along.

luke123456

thanks for the reply!

I mean all they have provided me with now is a leaflet on the party wall act with the paper work they want me to sign. Is it standard practice to have a surveyor come and survey your house before the works begin to ensure no damage....

In that case, shouldn't I appoint one, incase theirs is biased? I will check out his credentials. I know this will sound funny but the surveyor they have appointed is of the same country of origin as them, I can tell this for sure!

Thanks!

teneighty

If you are worried that the surveyor acting for the neighbour may not be impartial then dissent and nominate your own surveyor.


If the neighbour wants to save money they can use your nominated local independent surveyor as the "agreed surveyor" acting for both of you.