Neighbour's Extension query

firsttimemover

Davesnave wrote: »

I don't suppose there's a tree there that needs a protection order?

Just a thought!

Not that close to the house, unfortunately.

Maybe they need to find a great crested newt, or something equally as protected! lol

firsttimemover

loveka wrote: »

Your friend must ensure that a party wall agreement is in place. Don't allow anyone to do this without one.

We did, as the neighbour refused to appoint a party wall surveyor. He started the work without one, and we found that the only way to stop him was to pay for an injunction. There is no come back in law if someone doesn't do a party wall agreement!

It is a ludicrous piece of legislation, which yes allows a neighbour to destroy your property, build from your land, put scaffolding up rendering your garden unusable... With a party wall agreement they have to compensate you. But make sure the money is paid into a holding account before the work commences. If you don't, and they don't pay, you have to take them to court. The court would try to make them pay the costs of this, but if they can't or won't pay you have a long legal battle ahead.

As I said, a dreadful piece of legislation. I'm moving because of all this, can't stand looking at the neighbour who chose to put me through all this. It's cost me £3k so he can have an extension and there is nothing I can do.

I am ever so slightly bitter...

Sounds like you've had a horrible experience, and exactly what my friend wants to avoid.

So regarding a party wall agreement and party wall surveyors, what's the process with this? Would my friend need to pay for a party wall surveyor to act on their behalf to get this put in place, or is it done by those building the extension?

loveka

No, it's all paid for by the people doing the extension. They appoint a surveyor, then your friend either uses the same surveyor or gets to appoint her own if she wants. Your friend should not have to pay a penny.

The surveyor works out the timetable, any compensation, and also does a survey of your friends house so that if any damage is done to the building it can be proved it was due to the extension.

It was an awful experience, yes. I am now on anti depressants due to the year of hell. As I say, am now moving. Which is costing about 30k in fees, but I just have to get away.

Gloomendoom

If there is no existing wall, would the Party Wall Act apply?

Doozergirl

Gloomendoom, yes, as it's a semi.

In effect, they are creating a party wall, especially if their intention is to use neighbouring land for footings - in fact, it would be better in some respects for the wall to be a party wall and straddle the boundary like the main party wall between the semis if the OP's friend (or future residents) ever wanted to extend themselves. They can then use the party wall to extend from.

The OP's friend needs to tell their neighbours that they are going to need to employ a party wall surveyor.