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Party Wall Act query
Hefferlump
Posts: 89 Forumite
Hello,
We live in a second floor flat of a house with two other flats; one on the first floor and one on the ground floor.
The owner of the ground floor has obtained planning permision for the creation of a rear extension and a basement beneath it.
From looking at assorted sites I am aware that a party wall is a wall between adjoining properties but a floor separating one property from another is called a party structure so, for example, the floor we walk on in our flat is a party structure with the flat on the first floor.
My question is, is there a party wall/structure in relation to the ground floor flat and our flat, for which the ground floor flat will need to serve notice?
Thanks in advance.
We live in a second floor flat of a house with two other flats; one on the first floor and one on the ground floor.
The owner of the ground floor has obtained planning permision for the creation of a rear extension and a basement beneath it.
From looking at assorted sites I am aware that a party wall is a wall between adjoining properties but a floor separating one property from another is called a party structure so, for example, the floor we walk on in our flat is a party structure with the flat on the first floor.
My question is, is there a party wall/structure in relation to the ground floor flat and our flat, for which the ground floor flat will need to serve notice?
Thanks in advance.
0
Comments
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Probably not, but they will need the permission of the freeholder, and you don't say who that is?
The maintenance of the external walls (as opposed to the internal walls) is presumably the responsibility of the freeholder under your lease.No free lunch, and no free laptop
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If the ground floor flat owner intends to excavate a new basement under the extension there is considerable scope for causing damage to the entire property.
Probably best to seek professional advice.
If the property is terraced or semi-detached then the deep excavations may fall under the Party Wall Act which would probably include you. But even if it does not, as Macman pointed out, you should be speaking to the freeholder to ensure all the other flat owners are protected with written agreements in place, schedules of condition, checks on contractors insurance and possibly a contractor's bond etc. etc.
There was a case a while ago in London where a bunch of Polish builders managed to demolish a property and severely damage the two either side when their basement conversion went a bit wrong.0 -
Well...we spoke with two surveyors: one said we were entitled to notice and the other said that we were not!
Now thoroughly confused...0 -
Have you spoken to the people in the first floor flat? They should receive a party structure notice in relation to the floor/ceiling they share with the ground floor, so maybe talk to them about whether they intend on dissenting. They may not mind you looking at the proposal and discussing with them whether or not they should dissent. If they dissent and surveyors are used, they may be able to do an extensive condition report on the building as a whole.0
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