Party wall agreement when no occupant?

Halle71

We have (finally) moved into our new house and we intended starting the process of building a single story rear extension straight away.

However, the neighbours have just informed us that the house next door has been unoccupied for circa 10 years.

I have the owners names from land registry but that doesn't help if the address is the one next door.

Is it enough to write to them at the address, wait for the consultation period then proceed if we don't hear anything?

Or is it more complicated than this?

Thanks a lot

H

G_M

No. Write to them there.

If they do not reply

a) you've done your bit
b) it's their problem
c) they are unlikely to complain about any works you start..... since they will not see the work!

Halle71

I've just found an article saying that, if they fail to reply within 2 weeks they are deemed to have dissented. Therefore you must inform them at this point they need to appoint a party wall surveyor within 10 days or you will appoint one on their behalf.
But what's the point as part of their role is to inspect the neighbours house and there won't be access?
I guess I need to speak to the council / party wall solicitor

Damn.

pmlindyloo

Halle71 wrote: »

I've just found an article saying that, if they fail to reply within 2 weeks they are deemed to have dissented. Therefore you must inform them at this point they need to appoint a party wall surveyor within 10 days or you will appoint one on their behalf.
But what's the point as part of their role is to inspect the neighbours house and there won't be access?
I guess I need to speak to the council / party wall solicitor

Damn.

Follow the procedure outlined here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/237227/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf

Interestingly it says that if you have followed the correct procedures then your surveyor/workmen may break into a fence or door if they are accompanied by the police!

G_M

45 What happens if a Building Owner does not serve a notice as required under the Act?
Where work has begun without notice being given, an adjoining owner can seek to stop the work through a court injunction.

https://www.gov.uk/party-wall-etc-act-1996-guidance

the house next door has been unoccupied for circa 10 years.

Does 'unoccupied' also mean 'unvisited'?

(just saying...)

Halle71

G_M wrote: »

https://www.gov.uk/party-wall-etc-act-1996-guidance

Does 'unoccupied' also mean 'unvisited'?

(just saying...)

I think so. The neighbours said that very rarely someone with a clipboard comes round for a few minutes. It's very odd - I'm in an area of SW London where property prices have rocketed so not sure why they don't rent it out or sell it....

But it also makes me worried - no one wants to live next (or actually be attached to!) a house that's falling into disrepair. Don't councils take a pretty dim view of empty houses? What if there is a maintenance problem that affects us? Our survey did pick up some damp on the party wall and suggested it may be down to a problem with the joint chimney stack. However when we had the damp report, the vendor told the 'surveyor' (I use that term loosely as I am aware that these guys are salesmen. Generally) that it was a leak from next door that had been fixed. We're having a lot of building work done and the price was right so we proceeded without pursuing this but in the light of the situation with the neighbour

But back to the extension. We want to start ASAP because of weather so I think we may take a bit of a risk and send the letters and proceed anyway. After all, as long as the work is done properly, I can see little risk to their property, and the chance of them taking action when it's finished seems minimal.

The other side have recently had a loft conversion so I will find out what they did...

Mardle

Have you contacted the Empty Homes Team at your local council? If they are already involved with the house they may have up to date contact details for the owners.

mart.vader

OP - the Party Wall Act is very badly written, For example, if the work has already been carried out, without a PW agreement in place, the Act mentions NO penalty whatsoever.

Only if any damage has been done by your building work, would the owner of your next-door property have any cause of action against you.

When the next-door neighbours are impossible to contact, or think that they can make some money by blocking your building work, some previous posters, myself included, have simply gone ahead with the work anyway.

In my case, the person whom I know to be the next-door owner, denies that he is the owner. (for tax reasons ?) He says the house is owned by a company registered in the British Virgin Islands.

You might also note that PW agreements can't be signed or agreed by the owners agents, only by the owner or a tenant with a lease of over six months Also, owners agents can't authorise themselves to sign on behalf of the owner.

Mojisola

mart.vader wrote: »

OP - the Party Wall Act is very badly written, For example, if the work has already been carried out, without a PW agreement in place, the Act mentions NO penalty whatsoever.

Only if any damage has been done by your building work, would the owner of your next-door property have any cause of action against you.

When the next-door neighbours are impossible to contact, or think that they can make some money by blocking your building work, some previous posters, myself included, have simply gone ahead with the work anyway.

If you serve a notice and don't get a reply within 14 days, you are automatically in dispute - even if the notice hasn't been read by anyone and there is no way of contacting the owner. Choosing to go ahead with the work without serving a notice is a rational decision.

Dan-Dan

Halle71 wrote: »

I think so. The neighbours said that very rarely someone with a clipboard comes round for a few minutes. It's very odd - I'm in an area of SW London where property prices have rocketed so not sure why they don't rent it out or sell it....

But it also makes me worried - no one wants to live next (or actually be attached to!) a house that's falling into disrepair. Don't councils take a pretty dim view of empty houses? What if there is a maintenance problem that affects us? Our survey did pick up some damp on the party wall and suggested it may be down to a problem with the joint chimney stack. However when we had the damp report, the vendor told the 'surveyor' (I use that term loosely as I am aware that these guys are salesmen. Generally) that it was a leak from next door that had been fixed. We're having a lot of building work done and the price was right so we proceeded without pursuing this but in the light of the situation with the neighbour

But back to the extension. We want to start ASAP because of weather so I think we may take a bit of a risk and send the letters and proceed anyway. After all, as long as the work is done properly, I can see little risk to their property, and the chance of them taking action when it's finished seems minimal.

The other side have recently had a loft conversion so I will find out what they did...

Other than you , presumably

Halle71

Dan-Dan wrote: »

Other than you , presumably

I dont want to but the house was the only one that suited our needs. Our options were to stay where we were or buy this house.

At the old house we had damp that from next door's shower room and had to redecorate, damp in two rooms as a result of their blocked guttering which again we had to redecorate and there is still damp from their faulty/neglected flashing. It is rented out and no one seems to care about maintainence....