Party wall agreement

DRP

paye wrote: »

I agree with the others, once the notifiable works has already taken place they can't do anything. Your low life of a miserable neighbor can only do something such as getting an injunction for stopping works on the party wall but if the works have already taken place what can they do.

I've issued my party wall notice and had a response from one of my neighbors, but the other neighbors I have had no reply, so I'm just going to crack on with my loft conversion and make sure on the day of the steel arrival, my builders will chop out the wall for the steel and have it in place on the same day. Why is it some people are just so weird. If I had a neighbour like that i would let it carry on and then I'll get my own back.

If 14 days have passed, doesn't that mean you are 'in dispute' ?

i.e. need to get the surveyor in?

MisterBaxter

DRP wrote: »

If 14 days have passed, doesn't that mean you are 'in dispute' ?

i.e. need to get the surveyor in?

Simple answer to that is "YES", that should trigger a letter requiring the dissenter to either appoint a surveyor or agree to the one being proposed. Failure to respond is an automatic dissent and not consent.

In practice if the Adjoining Owner didn't bother responding to the initial notice then there is a good chance they won't bother when it comes to the rest of the process.

Naomim

We're also planning on removing our chimney breast. We had planning applications for other work refused last year so both neighbours are pretty p***ed at us anyway and don't talk to us anymore. Even though we did tell them we were applying for an extension and planning. Should I just crack on and get the PWA sorted anyway even if I don't have a start date yet?

MisterBaxter

Naomim wrote: »

We're also planning on removing our chimney breast. We had planning applications for other work refused last year so both neighbours are pretty p***ed at us anyway and don't talk to us anymore. Even though we did tell them we were applying for an extension and planning. Should I just crack on and get the PWA sorted anyway even if I don't have a start date yet?

You will get mixed advice on this one. I always advise clients to comply with PWA because you are legally obliged to and if something goes wrong it's my reputation and insurance on the line. Others will tell you it's pointless and to carry on without it, ultimately it's your choice so long as you understand the implications, risks and costs associated with your decision.

You can't really submit your notice until you know what it is you are going to do and how you are going to do it as that information needs to go in the notice, you'll also want to have up to date photographs as evidence of current condition.

If you do plan on complying with PWA then factor the timings into your project plan and serve notices when you have sufficient detail to do so.

mark1960

This is my first ever post! I need a Party Wall Surveyor in London can anyone recommend a decent one?

I've read so much about over charging etc it worries me.

Thank You