Party Wall Act

Pud842

Hi, a little advice please......we've received a Party Wall Notice regarding a property that is being built next to us (within 1 metre of our property) - all is fine, we're happy to sign! proposed plans/intention of works have been received with the Notice, but should we have received a copy of the Survey (of the condition of our property) as well at this point?? I know inspections can/should take place throughout the build and on completion but we had been advised we'd receive the Survey as well. Thanks

2013yearofthehouse

Have they actually got a surveyor who gas done a survey of your property and you're just missing a copy of the report? Or has a survey not been done?

teneighty

You only get the survey and party wall award if you dissent to the notice and surveyors are appointed.


If you give your assent to the notice you will probably get nothing and the work will just proceed.


If in doubt....dissent.

Pud842

Thanks, a Survey has been undertaken on our property - and we were told we would get a copy - but haven't as yet - just wondered whether we should see the copy before we sign the Notice and work commences?

2013yearofthehouse

Pud842 wrote: »

Thanks, a Survey has been undertaken on our property - and we were told we would get a copy - but haven't as yet - just wondered whether we should see the copy before we sign the Notice and work commences?

They wouldn't be obliged to provide it before you sign, but personally I would ask for it and check it before any work commences.

teneighty

Proceed with caution. It sounds to me like the process is being done in the wrong order. How can they have done a survey on your property without first serving notice? Have they inspected inside the property or have they just done an external inspection? Who did the inspection?


You can give your assent to the notice and still have an agreed surveyor appointed to prepare a schedule of condition and party wall agreement but you will have to be careful with the wording of the notice.


You probably need professional advice.

Pud842

A surveyor (which both parties are happy with) carried out both internal and external inspection over a month ago - they have apologised for the delay in issuing of the notice. They have actually "levelled" the site already and removed a lot of earth but have not started to dig the footings yet. Yes, it all seems out of order - we're just concerned as our house is higher than the ground adjacent but on the covering letter they have indicated "they do not propose to underpin or strengthen in order to safeguard the foundations of our property" - I suppose we'd just like the survey for records in case something did go wrong!

teneighty

Why would you agree to this when the "surveyor" clearly does not know what they are doing, delayed issuing the notice and works have already commenced?


I would advise dissenting the notice and appointing your own surveyor to properly protect your interests.