Party Wall Act

Jsomerville

Hi all

Long-time MSE user here, but first time forum poster.

My neighbour passed away a few years ago and their property has since been sold at auction. It was in a hell of a state when sold - overgrown gardens, even a wartime-style bomb shelter! Anyway, it has been bought by a developer who wants to build a double-story extension and new garage (to replace an existing garage). I think that aesthetically-speaking it’ll look way, way better than what was there before: so in that sense I don’t object to the planning application. The planning reference (if anyone wants to see the plans) is 2018/3316, and the local authority is Elmbridge.

However, I think the extension foundations will (at points) be within 3 metres of my property. A number of speculative party wall surveyors have sent me letters advising of my rights under the Party Wall Act in this space. The owner says that their architect “thinks” the extension won’t be within 3 metres; I’m waiting for them to provide plans that show this (as the documents on the planning portal don’t show this, from what I can see), which I asked for yesterday.

My questions are:

1) Whose responsibility is it to prove whether the extension is within 3 metres - mine or my neighbours’?

2) Comments are due by 04 January 2019; I’ve not objected based on the aesthetics but this was prior to receiving letters about the Party Wall Act. Should I retract my comments and object based on a perception/concern that it’ll be within 3 metres?

3) What is the sequence of events? Am I entitled to appoint a surveyor now at the neighbours’ expense, or do I have to prove it’ll be within 3 metres first? Can I appoint a surveyor now and then “charge” the expense if it turns out the extension is within 3 metres?

Any help is greatly appreciated - this is the first time I’ve had to deal with stuff like this.

Kind regards

Joe

Cetshwayo

Why not go and talk to the developer before the plans are submitted? Then you can discuss your worries hear what he says and if he believes it is different to what you think. Then you can plan ahead if you are still worried.

Then go and talk to planning and see what they say.

I would probably still stick in an objection (re the 3m) unless you get something in writing from planning that you are happy with.

unholyangel

Jsomerville wrote: »

My questions are:

1) Whose responsibility is it to prove whether the extension is within 3 metres - mine or my neighbours’?

2) Comments are due by 04 January 2019; I’ve not objected based on the aesthetics but this was prior to receiving letters about the Party Wall Act. Should I retract my comments and object based on a perception/concern that it’ll be within 3 metres?

3) What is the sequence of events? Am I entitled to appoint a surveyor now at the neighbours’ expense, or do I have to prove it’ll be within 3 metres first? Can I appoint a surveyor now and then “charge” the expense if it turns out the extension is within 3 metres?

Any help is greatly appreciated - this is the first time I’ve had to deal with stuff like this.

Kind regards

Joe

1) As you would be the party seeking to rely on the act, it would be for you to show it applies. There are 2 situations in which the act would be triggered - both rely on how deep they are digging as well as how close to the adjoining property.

(1)This section applies where—
(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of three metres measured horizontally from any part of a building or structure of an adjoining owner; and
(b)any part of the proposed excavation, building or structure will within those three metres extend to a lower level than the level of the bottom of the foundations of the building or structure of the adjoining owner.

(2)This section also applies where—
(a)a building owner proposes to excavate, or excavate for and erect a building or structure, within a distance of six metres measured horizontally from any part of a building or structure of an adjoining owner; and
(b)any part of the proposed excavation, building or structure will within those six metres meet a plane drawn downwards in the direction of the excavation, building or structure of the building owner at an angle of forty-five degrees to the horizontal from the line formed by the intersection of the plane of the level of the bottom of the foundations of the building or structure of the adjoining owner with the plane of the external face of the external wall of the building or structure of the adjoining owner.

2) Have you actually received a party wall notice from your neighbour or is this just the planning permission via the council? If you had been sent a party wall notice then plans should have accompanied it.

3) The first step imo would be to prove the act applies - as the act itself sets down how disputes are dealt with and who pays for what.

(1)Where a dispute arises or is deemed to have arisen between a building owner and an adjoining owner in respect of any matter connected with any work to which this Act relates either—
(a)both parties shall concur in the appointment of one surveyor (in this section referred to as an “agreed surveyor”); or
(b)each party shall appoint a surveyor and the two surveyors so appointed shall forthwith select a third surveyor (all of whom are in this section referred to as “the three surveyors”).

(13)The reasonable costs incurred in—
(a)making or obtaining an award under this section;
(b)reasonable inspections of work to which the award relates; and
(c)any other matter arising out of the dispute,
shall be paid by such of the parties as the surveyor or surveyors making the award determine.

This booklet may give you some useful info.

Jsomerville

Thanks for the reply - I’ve not received a Party Wall Notice, no; I’ve asked the owner for the plans showing it doesn’t apply, which I’m waiting for. My perception, however, given the space in which the extension is being built, that it will (at points) be within 3 metres.

I suspect I’ll need to object if, by the deadline, we aren’t any clearer on whether or not the extension/foundations are within 3 metres.

Thanks for the booklet; I’ll check it out.