Party Structure Notice for Loft Conversion

I_have_spoken

Notice on 4th Dec for work starting on 5th Jan is fine, one month is the notice period for this type of work.

The neighbour is presumably doing this is provide another bedroom for letting, so it's all allowable expense against tax.

There's no reason to risk your property being damaged by their money-grubbing scheme. Decline consent and get your own surveyor to ensure you aren't disadvantaged by the Party Wall Award.

The PWA will need to state how rights of access are reconciled with your tenant's rights to 'quiet enjoyment'.

John_Alexander

A friend put me in touch with somebody who knows about these things from a local council and what they told me is that as long as I get in writing from my neighbour assurances that the proposed loft conversion is in line with building regulations, environmental health regulations and that their builders will repair my property in the event of damage, then there's no need for me to dissent and go down the surveyor route. She said that surveyors are always banging on about getting them involved in these circumstances because it's an easy way for them to make money.

Halle71

John_Alexander wrote: »

A friend put me in touch with somebody who knows about these things from a local council and what they told me is that as long as I get in writing from my neighbour assurances that the proposed loft conversion is in line with building regulations, environmental health regulations and that their builders will repair my property in the event of damage, then there's no need for me to dissent and go down the surveyor route. She said that surveyors are always banging on about getting them involved in these circumstances because it's an easy way for them to make money.

This is pretty much correct.
Whatever you decide to do, if they damage your property they will be liable.

We are on the other side - building an extension and for some reason the neighbours have so far instructed 2 party wall surveyors. They don't understand the process and have been approached by the 'ambulance chasers' who trawl planning applications. Their house is empty and they live elsewhere so we don't even really have a chance of dialogue with them, just their son who sometimes goes to the house.

We have reluctantly accepted that we will have to appoint someone so as a last attempt to avoid crooks, we are going to write to them asking if they would use one of the surveyors we have been recommended as a jointly appointed surveyor. And we will add your bit about building regs/environmental health/damage so thanks

And yes, the law was introduced by a surveyor who sat in the House of Lords. Money for the network.

teneighty

John_Alexander wrote: »

A friend put me in touch with somebody who knows about these things from a local council and what they told me is that as long as I get in writing from my neighbour assurances that the proposed loft conversion is in line with building regulations, environmental health regulations and that their builders will repair my property in the event of damage, then there's no need for me to dissent and go down the surveyor route. She said that surveyors are always banging on about getting them involved in these circumstances because it's an easy way for them to make money.

Good luck with that but I have to say that is very bad advice.

If neighbour gives you written assurances that they will make good any damage how are you going to enforce that? If neighbour turns round and says they do not agree that their work caused the damage, then what?

You would probably have to engage your own legal people and take neighbour to court costing you thousands of pounds with no guarantee of a successful outcome.

The Party Wall Act is there to protect you, free of charge to you. If you choose to ignore it and let your neighbour walk all over your rights that is up to you.

I read a similar example recently on an internet forum with a loft conversion and the builder punched the steel beams right through the party wall so they were sticking out on the neighbour's side. The builder just said that it was supposed to be like that to get the necessary end bearing on the beams, leaving the innocent neighbour with a very expensive problem to resolve. Fingers crossed that your neighbour employs good builders with all the necessary insurance and not some cowboy, if you choose to go it alone.

There are plenty of reputable Party Wall Surveyors out there and needn't cost the neighbour much if it is amicable. It only tends to turn sour and expensive if neighbour's don't get on or a neighbour tries to take advantage of the other side.

John_Alexander

teneighty wrote: »

Good luck with that but I have to say that is very bad advice.

If neighbour gives you written assurances that they will make good any damage how are you going to enforce that? If neighbour turns round and says they do not agree that their work caused the damage, then what?

You would probably have to engage your own legal people and take neighbour to court costing you thousands of pounds with no guarantee of a successful outcome.

The Party Wall Act is their to protect you, free of charge to you. If you choose to ignore it and let your neighbour walk all over your rights that is up to you.

I read a similar example recently on an internet forum with a loft conversion and the builder punched the steel beams right through the party wall so they were sticking out on the neighbour's side. The builder just said that it was supposed to be like that to get the necessary end bearing on the beams, leaving the innocent neighbour with a very expensive problem to resolve. Fingers crossed that your neighbour employs good builders with all the necessary insurance and not some cowboy if you choose to go it alone.

There are plenty of reputable Party Wall Surveyors out there and needn't cost the neighbour much if it is amicable. It only tends to turn sour and expensive if neighbour's don't get on or a neighbour tries to take advantage of the other side.

Now I have two very different sets of advice, both of which make sense. Decisions, decisions!

John_Alexander

What I'm thinking now, given what teneighty has said, is that the surveyor route is the best one to take. This is mainly because I don't know the owner of the property at all, in which case not using a surveyor means I'll be investing a lot in the good faith of someone I've never met. i.e. the neighbour.

Also, since the Party Wall Act does state that a two months' notice period is required – and my neighbour only gave me one month – and I've had no contact or discussion with my neighbour other than the Party Structure Notice (I checked with my tenants yesterday and there were no letters at the house from my neighbour about the proposed works), then the most sensible thing to do does seem to be to get surveyors involved.

ds1980

This is what i don't understand about the PW act. Knowing that you don't live there they could have cracked on, you'd have probably be none the wiser and once they had you couldn't have done anything about it anyway. They've given you notice and now theyre going to have to pay for a completely pointless surveyor. Not sure if you've contemplated the same but it could be you with the pointless added costs next time.

John_Alexander

It's not an unreasonable point, that in the future we might want to do work on the house and to get their own back my neighbour might be obstructive. Having said that – and my mind is now set on contacting a surveyor to sort this out – if my neighbour had contacted me a lot earlier and provided me with a lot more detail on her proposed work, we may have come to an amicable arrangement.

However, it seems to me she's provided me with the minimum of details and time to consent/dissent, which makes me doubt her good faith and want to go for a 'belt and braces' approach.