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Party wall notice before buying house

We are in the process of buying a house and want to do am extension / loft conversion as soon as we complete (to minimise the time in rented accommodation between houses) but I gather you need to send the party wall notice at least 2 months before starting work... We can apply for planning permission before we technically own the property so everything should be ready to go apart from the party wall agreement... Can I serve that before technically owning the property too?

Comments

  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    The notice, under section 3 of the Act, has to be served by the owner of the property, therefore you cannot serve it until you are the owner.
  • Hmm thanks, I thought that might be the case... What are people who start building work immediately doing them - chancing it? Or relying on getting the neighbour to sign off on starting earlier? Can i start work just not things directly impacting the party wall (putting the beam into it, digging foundations next to it, etc)?
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    There's nothing stopping you approaching the neighbour and getting a party wall agreement drawn up and then both signing it on the day you purchase the house.

    In terms of works then yes, as far as I know you can do any preparatory works that wouldn't cut into or damage the party wall.
  • Great, thanks very much.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It's always best to talk to the neighbours and keepthings friendly



    Tea and cake!


    They might agree they are happy for you to procede without a formal PW agreement. Or they might agree to use the same surveyor as you. No reason not to get agreements in principle in advance, and it also minimises the chance of adverse responses when you serve a formal notice
  • Ozzuk
    Ozzuk Posts: 1,884 Forumite
    Eighth Anniversary 1,000 Posts
    As above, go and see the neighbours first if this is a show stopper for you. There is still a risk they change their minds when you move in but they could make life difficult/expensive.
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