No mention of party wall agreement from neighbour

mandyh11

Our neighbours have been granted planning permission for a huge extensions both up, and to the sides. It will be within 3m of our home. We objected and they haven't spoken to us since. They now have the permission and we are worried that they will just go ahead with the work without offering us a Party Wall agreement or telling us it is starting.
We wondered if we should contact them telling them they need a Party Wall agreement before they start. Any ideas please?

andrewf75

I don't think you technically need a party wall agreement. If they knew you disapproved it would have been pointless because unless you gave your written approval it would be considered an objection. Did you formally object to their planning proposal?

System

A party wall agreement is needed but there is no enforcement if they don't apart from you serving an injunction to stop the work.

If you are hoping to stop the build using the party wall act then you are mistaken - that will not happen. The build WILL go ahead, the party wall act just facilitates it.

MisterBaxter

As !!!!!! says the Party Wall Act can't be used to prevent the work taking place.
Will they need access over your land to undertake the work? If so to then the Party Wall Act would actually work in their favour.
Do you envisage the work they are planning causing any physical detriment to your property? If you do then it may be worth pushing the need for a Party Wall consent being in place before anything starts.

A good builder will do a condition surveyor your property before starting if they think there may be problems, however there are a lot of builders who don't bother and then deny responsibility for problems afterward if they do occur.

In a lot of cases the Party Wall Act is just a formality but if you really think there could be problems then have a chat with your buildings insurers before anything starts so that if there are problems down the line you can commence proceedings against your neighbour. If it is just that you don't like the look of what they are proposing then you're probably barking up the wrong tree with PWA.

mandyh11

I am quite aware that a Party Wall Agreement will not stop their build. We are concerned that any damage to our property from their build will not be logged without a Party Wall Agreement and so would like one but are very concerned that they are not going to offer one and they will just start work without telling us . The agreement also seems to lay down guidance re the hours that the builders can work etc too so that would help to protect us. I have read numerous pages regarding the Agreement and know we can get an injunction if they start work without one but just wondered if we should write and ask them for the Agreement letter before it would have to go this far.

cyclonebri1

Their development is 3m from your boundary and you want to invoke the party wall act?????????????????

Start again, I think others have missed the plot here. IE;

The party wall act is in place to protect you/them when building takes place on or near neighbours boundaries, near, not 3 metres away

You are tagging onto the wrong regulations in your attempt to avoid the next
doors developement

mandyh11

No cyclone. If you read my post again I said it is WITHIN 3m of our foundations and is within the guidelines to have a Party Wall Agreement. Please don't presume to know what "I am trying to do". I have never said I am trying to stop this build apart from to object at the planning stage. I just want to protect what I have.
Edited after reading your edited post!!!!!!!!!!.

cyclonebri1

So why not say how close it is to your boundary then?. The PWA is not your line of defence, and you don't need to worry about any damage either.

PS it does sound like a diversion as others have guessed. Sorry if that offends but it's better to have an argument here than with the neighbours, we are thicker skinned

mandyh11

It is irrelevant exactly how far the build will be. Enough said it is within the guidelines as I stated in my previous posts. You can think what you want cyclone but I came on here asking for genuine advice not an assault on what you, cyclone, whom I have never met, think my reasons may be.
For what its worth a Party Wall Agreement does not help as a "diversion" unless one is not offered by the person (neighbour) getting the work done and then the other neighbour could get an injunction which would delay ( not stop) the work. I am trying to avoid this.
Now if anyone has genuine advice after reading the facts I have stated I would be very grateful for your help.

stebiz

mandyh11 wrote: »

It is irrelevant exactly how far the build will be. Enough said it is within the guidelines as I stated in my previous posts. You can think what you want cyclone but I came on here asking for genuine advice not an assault on what you, cyclone, whom I have never met, think my reasons may be.
For what its worth a Party Wall Agreement does not help as a "diversion" unless one is not offered by the person (neighbour) getting the work done and then the other neighbour could get an injunction which would delay ( not stop) the work. I am trying to avoid this.
Now if anyone has genuine advice after reading the facts I have stated I would be very grateful for your help.

It would help if you did say how close it was going to be. Not because of legislation but because of how likely it is that the builders are going to damage your property(which is what the act is there for).

I can't understand neighbours not getting on. Go around and tell them that you know that really a party wall agreement should be signed but as it is not that close you are prepared to turn a blind eye to it. Wish them the best of luck with their extension and say that there are no hard feelings. Life is too short.