Party Wall Act but next door vacant?

emma_spaghetti

Can anyone help with our situation.

We’ve moved into a new home, and we want to build an extension - planning permission all approved etc, quotes retrieved.

We’re aware we need to submit a party wall act as we will be building up against the neighbour’s own extension (and adjoining our extension to theirs to prevent water getting in).

The issue is the neighbours sadly passed away in April and the house is vacant, it has been up for sale for some time.

I’m hoping the estate agents will call me back, but we haven’t heard from them just yet. Can anyone give any advice on what we do in this situation?

I’m hoping the deceased couple’s children might be able to act on their behalf, assuming they’re the executors in this case? If not, what is the alternative? Do we go to a party wall surveyor, and if so how might this pan out if we go down this route?

Another spanner in the works is the previous owners of our home have already completed the footings some 4-5 years ago, so where does that leave us in terms of excavations party wall notice?

emma_spaghetti

Can anyone provide some help please?

Comms69

Well yes, you need to find out who the executors are. Go from there.

davidmcn

As above, the owners are the executors. I'm no expert on the Party Wall Act, but I don't see how the fact they're executors would change anything.

Exodi

This is of no concern to the estate agent but I'd only let them know as a courtesy.

Please read: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

In response to your question, serve notice at the address a minimum of two months before the planned starting date. It's not your responsibility to hand deliver post to the executors.

emma_spaghetti

Thanks all - what about the fact the foundations are already laid and have been regularised by Building Control? It's not ideal, but the fact of the matter is the owners of our house beforehand laid these some years ago.

Do I still need to submit a Party Wall Notice on behalf of these, even though the work is complete?

lincroft1710

So a PWA may have been served by the previous owner?

emma_spaghetti

lincroft1710 wrote: »

So a PWA may have been served by the previous owner?

Unfortunately it looks unlikely, the previous owners of our house have no recollection of one, and given they didn't even get building control agreement for the footings, they seemingly weren't ones to follow the rules!

zaqxsw

Firstly, you do not need to serve a notice for the foundations already cast.
I have dealt with a similar situation (as a party wall surveyor), where an owner is deceased. What is more, in my case, the ownership of the property was actually being disputed. Where ownership is in doubt, the first step is to check land registry. It is likely that land registry will indicate that the owner is actually the owner who has passed away, but it is still good to check to be safe. The next step, is to serve a notice and when you do this, if you do not have the owner's name / correspondence address, you can merely address the notice 'to the owner'. The party wall act does not state that you have to name the owners of the neighbouring property, so the absence of a name should not matter.

The likely outcome may be that the neighbours do not respond (as ownership may be unclear). If they do not respond you will need to appoint a surveyor to act on their behalf. Two surveyors will be needed for one award which will unfortunately be quite costly.

Good luck