Neighbour started extension without a Party wall agreement

leew

Morning everyone,
I'll try to explain best I can here.
Builder next door has started a single storey rear extension without any party wall agreement in place. 

The properties are terraced but in a staggered way where our kitchen wall is acting as the wall in their garden ie the Party Wall they are using. 

He did speak to us about it without much detail really basically just mentioned 'tieing' into our Party Wall.

We are a bit concerned for the following reasons. 
1. He said he hasn't heard of the party wall act. 
2. He has dug foundations already right next to the party wall. 
3. He has took a brick out the party wall. 

Now, we went round and he has now gave us a copy of the architects drawings and said if we print off the party wall notice, he will sign it which is fair enough.

My question is, are we right to be worried and would him signing the party wall notice (which I got off the .Gov website) be enough to cover us in the event of issues down the line.

It is stressing us all out and it's all we're thinking about at the minute.
Thoughts please? 

Many thanks. 

DOH_a

Why do you think his proposals are notifiable under the PWA? Is it to do with excavations near or works to a party wall? If you aren’t sure, the attached should help clarify.

For those who are carrying out the works, it is them who should be initiating the process and serve notice on you, not the other way around.

TELLIT01

If the new building is being tied in to the OP's property surely there is no argument that the answer to "Are you doing work which affects the party wall?" is Yes.  On that basis no work should have been done until the entire PW process has been completed.

leew

Thanks for the replies.

DOH.a, it is 100% notifiable under the PWA as  TELLIT01 points out and I've looked on this forum/googled that much my head hurts  

I've seen that flow chart before and the builder is i think well aware of the act having been in the trade 30yrs but just acting dumb, he asked ME to get the form and he'd sign in, I know HE should have served it to me but for whatever reason he hasn't

.

DOH_a

Have you got a drawing or photo of the proposals?

leew

DOH.a said:

Have you got a drawing or photo of the proposals?

Yes, got all plans.

I believe from what I've read that we won't be able to serve an injunction even if we wished too (not that we really do) as that takes 4 - 6 weeks probably longer at the moment and he said he'll be done in 3 weeks!  

It's just about peace of mind and doing things correctly which he hasn't done and that has irked me a little.

TELLIT01

The builder is simply trying to avoid the cost and time involved in doing things properly.  My inclination would be to put an form of words together whereby he accepts full responsibility for any associated problems with your property.

DOH_a

leew said:

DOH.a said:

Have you got a drawing or photo of the proposals?

Yes, got all plans.

I believe from what I've read that we won't be able to serve an injunction even if we wished too (not that we really do) as that takes 4 - 6 weeks probably longer at the moment and he said he'll be done in 3 weeks!  

It's just about peace of mind and doing things correctly which he hasn't done and that has irked me a little.

Can you upload them then?

leew

TELLIT01 said:

The builder is simply trying to avoid the cost and time involved in doing things properly.  My inclination would be to put an form of words together whereby he accepts full responsibility for any associated problems with your property.

DOH.a said:

leew said:

DOH.a said:

Have you got a drawing or photo of the proposals?

Yes, got all plans.

I believe from what I've read that we won't be able to serve an injunction even if we wished too (not that we really do) as that takes 4 - 6 weeks probably longer at the moment and he said he'll be done in 3 weeks!  

It's just about peace of mind and doing things correctly which he hasn't done and that has irked me a little.

Can you upload them then?

@ TELLIT01
Yep. my thoughts exactly
I have basically printed off the notice from here https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance and left the the bits blank for him to fill in and sign.

Good idea regards doing a form where he accepts full responsibility for any associated problems with our property.

@ DOH.a

Here you go

DOH_a

Thanks for that. Was interested to see how your wall was deemed a party wall but now makes sense on a drawing.

leew

DOH.a said:

Thanks for that. Was interested to see how your wall was deemed a party wall but now makes sense on a drawing.

Yes, it's an odd staggered layout, at the front is exactly the same but in reverse where the party wall forms part of next doors property.

Does anyone know what should be included in the form of words whereby he accepts full responsibility for any associated problems with our property? would a simple, I accept any damage caused to the party wall due to the building of the single storey extension suffice?