Building Work - Party Wall Act Advice Needed

shebangsthedrums

Last year we got planning permission and built an extension on the back of our house right up to where it joins the neighbours house (we live in a semi-detached house).
The neighbour was fully aware of work being carried out, which included knocking down a very old party fence wall and leaving a small gap between where neighbours patio and our new wall, which we said we would either fill with pebbles to stop weed growth, and/or erect chestnut paling which would not interfere with the damp proof on our new building. At the time, neighbour was happy with this arrangement, we gave her some of her favourite lagers to apologise in advance for the disruption of building works going ahead, gave her some unused picket fence to stand in the gap in the interim to keep her dogs safe, arranged times with her that she would be on holiday for noisy work to be done etc and everything seemed fine - all very friendly and reasonable. Or so we thought.


A year on and when we came to ask about getting onto the neighbours property to access the gap to fill with pebbles and erect the chestnut fence and all of a sudden her and her daughter don't want us to put up the fence we said as they don't like the look of it and don't want us to put it up, say they have no privacy (although the new wall is longer and higher than what it replaced and there is further screening to our patio resulting in more privacy than before) and want us to pay for a different style of fence, which would see gravel boards right up to our extension above its damp proof course so not really an option.


I offered to give her the money we would have spent on the stuff we wanted to do in order for her to do what she wanted as long as it didn't interfere with the damp proof course and left it with her to let us know, but heard nothing back from her.


Yesterday (about 7 weeks after the above offer) we have received a letter from a surveyor acting on her behalf demanding we pay the surveyors costs and for any reasonable costs relating to her property re this gap.


It turns out - and this is our fault as our architect or and the council planning department never told us about it and we were in hindsight too naïve going into things - we should have served a Party Wall Act Notice before starting the work. We never did this, but had kept her informed all the way through the process and she never raised any issues about this all through this time.


The letter is basically saying we need to go along and pay whatever the surveyor says (which they haven't even stipulated yet), or dispute that we have caused damage to her property (in which case we have to appoint our own surveyor and look at paying all the costs) or ignore the letter and her surveyor will start a dispute anyway (which we will have to pay all costs for).


This is all starting to sound like we are going to face major costs whatever we do. Can anyone advise what our best way forward might be?

Dan-Dan

I was under the impression that once works started , the PW act is pretty much redundant , unless the neighbour gets an injunction to stop the build

Others more itk will be along shortly but my opinion is your neighbours been sold a merry story and you both , or just you , are on the verge of getting fleeced

DRP

As with Dan-Dan, as i understand with reference to surveyors, the PWA doesn't apply retrospectively.

Yes, you should have used the PWA at the time, but this doesn;t mean you are liable for surveyor costs. You may be liable for costs if she sues you for damaging her property, but that sounds far-fetched to me...

1. I'd speak to my architect informally.
2. I'd also post on diynot and ebuild forums, which all seem to have good advice on this subject.
3. Do some PWA reading.
4. Possibly speak to a solicitor if 1-3 suggest you may be liable.

Only then would I reply (or not, depending on the answers to 1-4) to the [STRIKE]cowboy[/STRIKE] surveyor.

Fluff15

Dan is correct, the PW act has no relevance once works have started other than to try and get an injunction. Certainly it has no standing a year after the works are completed!

What costs is she exactly after from you for this surveyor? What do they relate to? Do you have anything in writing from your neighbour regarding the agreement to the PW and it's subsequent replacement?

It would be worth speaking to a solicitor for a free half an hour, or surveyors often offer free 20 minutes too.

srm1

I didn't think a party wall award could be made retrospectively if the works have in most been completed.

For a definative answer, you could try emailing the Faculty of Party Wall Surveyors whos website can be found at: http://fpws.org.uk/

They are always exceptionally helpful, unlike RICS.

paddy's_mum

The letter isn't from the notorious Vincent Brown and Associates, is it?

zaax

She is just trying it on.

Do you have free legal advice, House insurance; union etc?

The garden law forums are good with his.

srm1

paddy's_mum wrote: »

The letter isn't from the notorious Vincent Brown and Associates, is it?

Good question.
I had been thinking exactly the same thing about this company of Ambulance chasers.

shebangsthedrums

Thanks for replies - feels like a bit of a weight off. I'll check the links to gardening/diy sites now.


I have spoken to a company offering free advice. They were offering an hour but it took less than 15 minutes for them to say much the same as previous posters (and happy for me to call back once I've done the next bit). Basically once the building has been done the act doesn't apply. On their advice I've sent a very short and sweet response to the surveyor so I have replied within their 14 day period, asking on what grounds they have been appointed seeing as the building work is complete and attempts have been made to make good any disruption. I have also offered to back date a Notice so both parties have this for their records if they want all paperwork if they come to sell in the future.

Kind of kicking myself for not knowing about the notice/act last year, although from what I have now read into it, it looks like a big money spinner for surveyors once you get involved in it. Fingers crossed we can sort it without getting dragged into lengthy expensive battles.

shebangsthedrums

P.S - letter wasn't from Vincent Brown & Associates, but Taylor Tuxford Associates a local(ish) surveyors who seem to do a lot of advertising around the party wall stuff and less around their other services.....

esmerelda98

I read somewhere on t'internet that one (important) court case took the view that if you don't serve a party wall notice and the neighbour later alleges damage to their property, it is down to you to prove that your building works didn't cause the damage. Normally it would be the other way around. Something like that anyway. So the Party Wall Act is not entirely redundant once your building works have started.