My party wall agreement options?

zoothornrollo_2

So the people next-door have served us a party wall notice so they can do their loft extension.
I have no objection as such, but I have also just submitted plans for a loft extension and was about to serve a PW notice on them.
So a few days ago I emailed them to suggest that we take photos of eachother's walls, I submit an identical form to them as they have to me, and we go ahead without involving costly surveyors.
Thing is they ignored that email, and it is now coming up to 14 days from the date of the notice (by which time I should reply), and I am pondering what is the best thing to do?
Just serve them my own notice?
Will that count as a reply so that when the 14 days elapses I will not be deemed to have dissented?
Does the email I sent them count as a reply / answer to the notice?
I don't particularly want to be in dissent, as I have no particular problem with their plans.
I suppose I need to find out what their problem is really!?

DRP

Do you know them?

Emails can be ignored, misinterpreted, or just missed. I'd make an effort to speak to them.

Personally I think it is worth avoiding the cost of the PWA if you can ...

zoothornrollo_2

DRP wrote: »

Do you know them?

Emails can be ignored, misinterpreted, or just missed. I'd make an effort to speak to them.

Personally I think it is worth avoiding the cost of the PWA if you can ...

No don't really know them.
She thrust the form on my fiancee as she was leaving the house one morning and seemed to expect that we would simply sign it there and then.
I texted them when I sent the email, and she acknowledged that - so they have def. seen the email.
We need to have a PWA of some sort don't we? - but we just do it ourselves, i.e., take some pix and sign eachother's forms?

DRP

zoothornrollo wrote: »

No don't really know them.
She thrust the form on my fiancee as she was leaving the house one morning and seemed to expect that we would simply sign it there and then.
I texted them when I sent the email, and she acknowledged that - so they have def. seen the email.
We need to have a PWA of some sort don't we? - but we just do it ourselves, i.e., take some pix and sign eachother's forms?

Call me old-school but..... texting, emailing isn't that useful in this context where there needs to be a bit of fairly in-depth negotiation.

I would be going next door and explaining the situation, rather than just foisting your own PWA notice on them.

We're building an extension and neither neighbours requested or were given PWA notice. I went next door when we were thinking of doing the work, then again when we had the plans, then again a few days before the builders started.

zoothornrollo_2

DRP wrote: »

Call me old-school but..... texting, emailing isn't that useful in this context where there needs to be a bit of fairly in-depth negotiation.

I would be going next door and explaining the situation, rather than just foisting your own PWA notice on them.

We're building an extension and neither neighbours requested or were given PWA notice. I went next door when we were thinking of doing the work, then again when we had the plans, then again a few days before the builders started.

Yes I agree but that isn't what they have done so far: they are the ones (initially) requiring assent, they thrust the form on us without explanation and I am trying to do things informally and save us both money - and they're ignoring me!
Re. having no PWA at all - doesn't each of us need some evidence as to the state of our walls? - because if indeed one of our builders messes up and damages the wall, then they could argue 'it was like that in the first place'?

beaker141

If you're both doing it - assuming you are putting steels in the walls - is it thick enough to take a bearing for both steels in a similar position. Probably wouldnt make a huge impact, but whoever got theirs in 1st in their preferred position would then mean yours going either side of it.

phil24_7

Go and speak to them to see what they say. Hopefully a cuppa and a chat will get everything sorted.

If they are unhelpful say that you will be looking to employ a party wall surveyor to look after your interests and these cost will be borne by them. This will also likely lead to you having to pay for theirs when you finally do your conversion.

Whatever way you chose to do it, make sure you have a signed party wall form and plenty of photos, even of remote places of your house and roof so that if things change, you have evidence of it.

Regards
Phil

MisterBaxter

PWA is prescriptive in the way in which notices should be served and this is supported by case law. They must be served in writing and must contain certain information, if not served in the prescribed manner they haven't been served.

Discussing with the Adjoining Owner and serving the notices in person generally works best.

If a response isn't made/received within the defined timescale then there is dissent, however a signed agreement given/received after this isn't uncommon and I can see no reason for it not to be accepted.

If you are both to comply with PWA then you should follow the proper process but a conversation would hopefully result in an agreement whereby you each sign the others consent and just go about your business.

It's best to get a good set of agreed photos and detail any issues present before work starts but that's good practice in any case.

If you can't come to an agreement then it's a case of appointing surveyors to act under the PWA. If you can have one surveyor for both agreements this should help keep costs down for both of you.

zoothornrollo_2

Thanks Mr Baxter, so - the ideal / simplest outcome, is that we sign eachother's forms and make sure we each have a good set of pics of both sides of the wall before work begins?

phil24_7

zoothornrollo wrote: »

Thanks Mr Baxter, so - the ideal / simplest outcome, is that we sign eachother's forms and make sure we each have a good set of pics of both sides of the wall before work begins?

Both sides of the wall, the roof structures, the wall, floor and ceilings of all rooms that share the party wall. Also take internal and external pictures.

As said. Ideally you will come to an accord without surveyors.

Second best option is you both appoint 1 surveyor to do both PWA. There wont be a conflict of interests as he should be looking after the wall, not the client but either way, as both sides will be paying for his services then it also means both sides are the client.

3rd best option is they employs one for their PWA and you employ one for yours.

4th option is where costs increase a lot as you both use your own surveyor for each of the PWA

5th option is as above but also another survey appointed to rule on the findings of each surveyor when an agreement cannot be reached.

Option 4 and 5 should be avoided if possible!

I'm sure if they know you will be doing the same then you will both be eager to take the least painful route as anything you do to them, they will likely do to you, and visa versa.

Regards
Phil

zoothornrollo_2

Phil thanks for that - v clear advice.