Situation with neighbour and extension

fezster

I'm not sure what you're looking to achieve here? The work which may or may not have fallen under the PWA has been completed, so an injunction from your neighbour is now pointless (they cannot stop work which has already been completed).

The only concern now is if they claim for any damage which may have occurred due to the work.

Doozergirl

They cannot get an injunction against work where the PWA does not apply. So now the foundations have been poured, that's it if the extensions are not sharing a party wall.

Tea and cake might be a good idea.

Doozergirl

phill99 wrote: »

But I think the PWA may apply. The act applies to excavations within 3metres of a boundary. Your foundation excavations have unearthed your neighbours foundations, so are clearly within the 3m limit.


You may need to think this through again.

3 metres AND where the new foundations are deeper than the neighbours. You need to read whatever your read again.

yuzi87

Right so if im correct in thinking, a pwa did apply to foundation works but they have been completed 4 months ago.

They can only get an injunction on future building works that involve the Party wall.

As all my steels are resting on piers and not the party wall there are no other works that will fall under pwa and so they can not get an injunction on say me bricking the rest of extension.

Can they not push for me to get a surveyor to state to them that a pwa is not needed for future works?

yuzi87

Any more thoughts ?

Doozergirl

There's no more thoughts to be had. What do you want us to say?

You've told us the PWA doesn't apply, so it does not apply. Nothing applies, regardless of solicitor's letters.

yuzi87

Doozergirl wrote: »

There's no more thoughts to be had. What do you want us to say?

You've told us the PWA doesn't apply, so it does not apply. Nothing applies, regardless of solicitor's letters.

Im looking for experience in the matter, a pwa surveyor told me that he knows a judge awarded injunction based on retrospective pwa so im just making sure i have all the facts before i respond to solicitors

Fosterdog

yuzi87 wrote: »

Im looking for experience in the matter, a pwa surveyor told me that he knows a judge awarded injunction based on retrospective pwa so im just making sure i have all the facts before i respond to solicitors

But you have a signed declaration from your neighbours prior to work starting that they were happy for works to go ahead, any judge would consider that and not award the injunction.

Yellow_mango

Taking a step back, what does your neighbour actually want / need here? Has there been no communication with them at all between them happily signing the letter and the letter arriving from their solicitor?

Tea and cake might be the way forward here. They were willing to speak to you before. You need to find out what’s changed and what they’re actually worried about. It sounds like you have been speaking to a PW surveyor (which they requested). So maybe start with that. You’ve been speaking to a surveyor and you think you’re meeting all the PW requirements, so you wanted to understand their concerns so you can best address them.

Perhaps for example they’re looking to sell and they’re worried a buyer would ask to see a formal PWA so they just need something in writing from your surveyor? This could be very easily resolved. Or if not, at least you have more information with which to proceed.

ognum

I think you need to read up on the Party Wall Act. You almost certainly could be forced to have a PWA.

I have built an extension that had no party wall but still had the agreement to protect both parties.