Party Wall Etc. Act - shared cost of repair?

robcyb

Hi all,

We have a single skin garage which is adjoined to mine and my neighbours property (we are a mid terrace) that is in need of repair (knocking down and rebuilding) as it's leaning due to upheaval on one side.

In accordance with the law, I've served notice under section 3 of the part wall etc. act to my Neighbour and we are now assumed to have dissented as I have not had a reply for 15 days. I believe am therefore required to serve 10 days notice to appoint an agreed surveyor, or for them to propose one?

I've attempted on multiple occasions to speak with the neighbour but never seem to be able to get an answer.

I have contacted several surveyors and have received written quotations, but none of them have been able to provide guidance around section 11 (4) regarding expenses.

A little background:

The wall itself forms a structural part of our garage and has caused the overall structure of our garage to be compromised. We believe it's a party wall as the wall itself is 50:50 between our boundaries. When we had our fencing replaced, we observed a rather large root system (the source unknown) which seemed to have 'wedged' itself between our neighbours retaining wall and 'our' garage wall.

Has anyone had success with a party wall surveyor in respect to sharing costs of repairing/making good a damaged wall?

cooltt

They are ignoring you for a reason, you see it as a problem they don't. Repair the wall and take them to court for their share IF they are liable.

stevenway

Steve the party wall surveyor here, firstly you can't appoint an agreed surveyor under 10.4b. Fairly obviously because if you appoint a surveyor for next door they haven't agreed. You will need your own surveyor and one for next door. Get your surveyor to recommend the person they would want to deal with next door. All of us have counterparts we know we can deal with.

Turning to the 11.4 shared expenses I have had success with that and currently doing one where the costs are way over a £100k which sharpens minds. Almost certainly if it is a shared problem and you use the wall equally then the cost of repair is equally shared, the surveyors will agree and award that.

Assuming the Award isn't appealed [and it might not be as the cost of appeal is probably more than the cost of the works] it will become binding..So far so good but you now have apiece of paper and no money but the piece of paper is a binding and enforceable legal document so you would then need to head to court to enforce it.

In practice you may end up paying the whole up front and then recovering costs and that is much much easier with an enforceable Award that the neighbour has ignored or not appealed. The appeal period is 14 days after service and is not flexible at all. Steve

robcyb

Hi Steve,

Thanks very much for your detailed response.

We now have verbal acknowledgement from the neighbour and they wish to appoint a surveyor of their choice, and would 'agree' for us to use them as well and use them as an 'agreed' surveyor. I have had no written response though and it's been 16 days since I issued the notice therefore we are currently in 'dispute'.

I am now in the process of serving a 10 day letter asking them to appoint one, otherwise I shall appoint per diem as per the Party Wall Act's guidance.

Aside from all the 'party wall' issues here - I am now seeking guidance from a surveyor regarding how the original damage started. I have a tree surgeon visiting next week to assess and give a written report as to how the roots from next door 'wedged' themselves between a retaining wall and my garage wall to cause my garage wall to slip off it's course thus rendering the structure compromised.

I would much prefer not to take this matter down the legal route, but should I resolve this issue before appointing a party wall surveyor first? I.E., I doubt the party wall award would consider the damage in respect to a (potential) non-party wall?

robcyb

Here's a picture we took when the fencing went up: https://1drv.ms/u/s!ApzXFRhWnrGSofdzMOSmSnj00L4GSA.

Our garage wall is to the left, the middle bit seems to be a retaining wall for our neighbours, and the wall to the right is what appears to be where the retaining wall separated from.

We believe this root system is what has contributed to our garage wall to be pushed off it's course.

I guess we need to speak to a solicitor for guidance before we go further with anything?