Party wall survey during COVID 19

rosek45

Hi there,

Just looking for some advise regarding party walls.

We have served notice on our neighbours two months ago to have a rear extension built. They objected to this and have appointed a party wall surveyor which we are paying for, however they will not let the surveyor in their house to survey, even with strict social distancing measures in place. We have had planning permitted and we don't know what to do, we have no kitchen or hot water until the works can start... it doesn't seem fair that they can dictate like this when we have served the adequate notice and have tried to be as cooperative as possible regarding their objections. Can we start without a party wall award?

TELLIT01

You really shouldn't have ripped out the existing kitchen until the party wall agreement had been sorted.  I don't see how you can proceed until that is finalised.  Worst case you could be forced to rip things back down again.  They are clearly using the current situation to their advantage.

Doozergirl

They might be a bit keener to have them in if you did start 😬

[Deleted User]

The country is in lockdown unfortunately and they have every right to refuse entry to their home right now. 
What if they had the virus and were isolating themselves? 
Sorry but i'd say this is your own mistake for 1) not waiting for the agreement to be sorted before starting the work and 2) starting the work during a national lockdown when delays to things will be inevitable 

stevenway

Steve the party wall surveyor here.  The only work you can start without an Award is work that does not affect the party wall.  The coronavirus legislation has not changed any timescales within the party wall act and your surveyors should try and move this along.  There is no requirement in the Act for a record of the condition of your neighbour property to be taken but it is best practice and an award does not need one to be valid.  If there isn't one it does mean defining any allegation of damage is difficult and your risk increases but you can ask your surveyors if they can agree the Award without one.  Perhaps your neighbour can take there own photographs you can share? 

I would add that it will depend on the complexity of the work - if there is a low or no damage risk this would be a good way of progressing if the work is challenging (building a basement for instance) I would err very much on the side of caution and want a Schedule of Condition.