Loft conversion partition wall query please

hamiltonian

Akira
probably worth reading this: see "party-wall-etc-act-1996-guidance" on the gov uk site.

your 'builder' may not particularly care about the rules, he's not carrying the risk. likewise for the council.
"the key point is whether your planned work might have any possible consequences for the structural strength and support functions of the party wall as a whole, or cause damage to the Adjoining Owner's side of the wall"

as mentioned earlier, if you are putting beams into an adjoining wall, the PW act will apply. It's not necessarily onerous, but you may well have to pay his solicitors fees unless you can persuade him to use yours.

If you _dont_ follow the PW process, your "Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress"

mart.vader

hamiltonian wrote: »

Akira
probably worth reading this: see "party-wall-etc-act-1996-guidance" on the gov uk site.

your 'builder' may not particularly care about the rules, he's not carrying the risk. likewise for the council.
"the key point is whether your planned work might have any possible consequences for the structural strength and support functions of the party wall as a whole, or cause damage to the Adjoining Owner's side of the wall" OP's builder says "2 brick walls between the houses, and he is not touching their wall" So its not a party wall. Unless, of course, you know better ?

as mentioned earlier, if you are putting beams into an adjoining wall, the PW act will apply. It's not necessarily onerous, but you may well have to pay his solicitors fees unless you can persuade him to use yours. Why would OP involve solicitors ? PWA doesn't provide for solicitors fees at all.

If you _dont_follow the PW process, your "Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress" Yes, but only if there's a Party Wall involved !

BY the way, the PWA contains NO penalty whatsoever for work already carried out.

ruds46

just do as my considerate neighbour did, convert the loft without saying anything, bang like ruddy hell for 2 months, (the best part is banging ding dong merrily on high on the steels) puncture through the party wall and refuse to fix it. Oh, and not forgetting to erect your scaffolding so that it blocks out the satellite tv, for a month and just for good measure don't forget to just use their garden for erecting your scaffold. Goes down a real treat and is great for neighbour relations.

Then again, he does have small man syndrome and a 'I'm richer than yow attitude'. Wouldn't mind there's only him and her living there, him in his late 50's her in her mid 60's so why he felt the need to build up is beyond me :huh:

ic

Akira wrote: »

we already have permission to start, we have had buildings reg involved, paid all fees, etc.

Party wall agreement is something in addition to these that you need to sort with your neighbour - not the council.

shays_mum

From someone who made the mistake of serving party wall notices to neighbours, it cost me lots of money & time with neighbours being royal pain in the a$$es!!.
You are not obliged to serve notice & a neighbour can only stop works via an injunction, assuming you have permission, don't think courts will take things seriously.
My neighbour used the PW we served & my surveyor against my contractors to claim alot of money for apparent damage to their car. It was a very stressful time for us & just not worth the hassle of party walls
If they hire a surveyor if they come round, make sure you let them know you have not served PW as your not paying the bill!!.
Goodluck

ds1980

What? How does the party wall affect your motor? V bad advice. You are obliged by law to serve end of if you are doing work on the PW. Simples

shays_mum

The neighbours car was apparently damaged thru building works, the PW surveyor claimed damages for said neighbour under the PW i served.
No its not law that it has to be served, as long as you have permissions in place, its up to the neighbours to stop you from doing works via an injunction.

mart.vader

ic wrote: »

Party wall agreement is something in addition to these that you need to sort with your neighbour - not the council.

"Yes, but only if there's a Party Wall involved !"