Party Structure Notice for Loft Conversion

John_Alexander

Hello all

I've just received a Notice of Proposed Works – Party Structure Notice asking for my consent for a loft conversion my neighbour wants to do.

The notice says a rear dormer will be installed with no special foundations, but 'steel beams will be required to support the new floor structure and these will necessitate bearings within the party wall at roof level'.

The work is due to commence on 5 January 2015 and I've been asked to consent within two weeks of the date of notice, which was 4 December 2014.

Neither myself nor my neighbour live at the properties in question – evidently we are both landlords – and this notice is the first I've heard about her plans.

My question is: has this notice been served correctly? From researching, it seems to me it should have been served two months before work was due to start and my neighbour should have provided me with much more detail of the proposed work and sought to come to a written and binding agreement with me on the work – how long it will take; how it will affect my property structurally; times at which work will be done; compensation if things go wrong, etc, etc.

Am I right in assuming this, and that given my neighbour has not served notice correctly or followed correct procedure, then I should write back to her not giving my consent and asking her to postpone start of work until these matters are resolved?

Thanks in advance

suisidevw

No..... You're expecting too much!

I saw the letter that went to my neighbour which included plans so they could see, some info that steel beams would go on the party wall and that they would not puncture the party wall but would obviously immediately remedy the situation. They also provided details to contact them if necessary with any questions.

Ironically mines starting on 5th jan and notice was served three months or so ago. My neighbours very reasonable and signed and sent straight back. If I were you I'd do the same after contacting the firm with any questions. I wouldn't be aiming to postpone the works!

John_Alexander

But I've been provided with no information whatsoever. No opportunity to speak to neighbour let alone find out anything from builders. All I've been given is a form that says consent or don't consent. Also, I don't like the short notice and feeling I'm being railroaded into making a quick decision before being allowed to explore implications. Am I really expecting too much? I don't want to be unnecessarily obstructive.

System

As an absentee landlord you need to speak to your tenants as any notification of a PP application would have been delivered there and I would think any other paperwork

John_Alexander

That's a good point. That hadn't occurred to me. Since the Party Structure Notice was sent to me at my home address, I assumed my neighbour was aware that the owner of her neighbouring property – i.e. me – did not reside there.

teneighty

The neighbour has shot themselves in the foot.

By serving notice and not having the good manners to provide some background information and preferably discussing it with you they have missed the 14 day response period.

You have now dissented by default so they have to go through the full party wall procedures.

In this situation I would always recommend dissent anyway. Neighbours who try to cut corners by fudging the paperwork and not having the decency to engage with neighbours properly are, in my opinion, more likely to fudge the building work and try to avoid their responsibilities.

It is time to appoint your own Party Wall Surveyor and notify the neighbour accordingly.

John_Alexander

The Notice of Proposed Works – Party Structure Notice was dated 4 December, and I have until 18 December to respond to it – so the two-week response period is not up yet.

However, as far as I'm aware, the Notice of Proposed Works – Party Structure Notice is the first time my neighbour's contacted me to tell me that work is going to be done – and that it's due to start on 5 January.

My understanding is that information on work should have been provided two months before work was due to commence and that details of how it would affect my property, etc, should have been provided then.

!!!!!! above suggested paperwork might be with my tenants, and I'm currently checking this; but my concern is, as you said, that my neighbour might be trying to cut corners and if this is the case then I should dissent and go down the surveyor path.

teneighty

I misunderstood original post, I thought the 14 days expired on 4th December.

So just fill out part of notice notifying your dissent and find a good local Party Wall Surveyor. If the neighbour has a good independent surveyor, not their cousin etc. you can agree to use their surveyor to act for both of you to keep the neighbours costs down. But given their already slap dash approach I would not trust them to be totally fair.

John_Alexander

Yes, I'm inclined to agree. I'm going to see my tenants tomorrow and check if any letters from the neighbour are at the house providing details of what she is proposing to do. If there are no such letters and she hasn't bothered to write to me in the two-month framework, then I will probably dissent and go down the surveyor route.

cyclonebri1

Jon, you are the more fortunate party here, these proceedings will cost you nothing, it all falls on the neighbours or their landlord, (your ref that neither of you know anything is a bit strange in that respect)


Your neighbour pays, ask and dig in as much as you need. you can stop them building until you have answers. all loses are theirs to stand.

John_Alexander

Thanks, I think you're right.