Party wall agreement on one side only, can we start build

Maclove1

We own a terraced property and are waiting to extend our house (2 storey extension). 

Neighbours on both sides have been awkward, eventually we got a party wall agreement on one side sorted. However, the other side has been very difficult, contesting land ownership at the last minute and, recently, Covid didn't help progress things either.

The party wall agreement on one side is expiring in September, and we want to avoid having to do this process all over again with Neighbour 1 and have to pay £2000 again for the privilege.

Is there any way we can 'start' the build on one side, in a way that isn't radical or too messy (because we still need to leave here for as long as it will take to sort the other side out). If so, how would we go about that? Does it need to be started by a builder as such to be 'official'? 

Maclove1

*should have spelt 'live' here obviously

greatcrested

Assuming the PWA applies on both sides (ie you are extending up to the relevant distance of both boundaries) what stage have you reached in the PW process?

You can,of course, start work at any time without a PWA. The neighbour can then, if they want, apply for an injunction forcing you to stop work till a PW agreement isin place. Would they do this?

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

"*should have spelt 'live' here obviously". Rather than add a new post, you can click 'edit' at top right of your original post to change the wording....

anselld

Presumably you need to dig foundations both sides for the extension.  The builder isn't going to want to do that in two halves at different times really.

Maclove1

Thanks Great crested, I did look to edit the post but couldn't see the option after posting.. 

The surveyor drew 2 agreements, one for each side, the problem neighbour won't agree to it just yet.

Perhaps I should rephrase. A friend suggested 'just announce that the works have started'. Another one said, just start digging.  Digging what, how? I'm trying to action something on the side that has the agreement as it will expire soon. The 'something' is what I'm asking about.  What constitutes starting building works ?

greatcrested

As previously asked, what stage have you reached in the PW process?

9 How long in advance do I have to serve the notice?  At least two monthsbefore the planned starting date for work to the party wall.

10 What happens after I serve notice?   A person who receives a notice about intended work may: give his consent in writing, or refuse to consent to the works proposed (the dispute resolution procedure explained in paragraph 12of this booklet then comes into play), or do nothing. If, after a period of 14 days from the service of your notice, the person receiving the notice has done nothing, a dispute is deemed to have arisen

If you cannot reach agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an "Agreed Surveyor" to draw up an "Award". The surveyor must be a person agreed between the owners to act.Alternatively, each owner can appoint a surveyor to draw up the award together. The two appointed surveyors will selecta third surveyor (who would be called in only if the two appointed surveyors cannot agree or either of the owners or either surveyor calls upon the third surveyor to make an award).

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

What has your surveyor told you about the next step?

Maclove1

Ok, sounds like I didn't make myself clear at all
We have agreement on one side which runs out in 2 months.
On the other side, the draft was made, but we are in dispute with the neighbour over last minute land ownership issue so no agreement until this is resolved.
Can we start some kind of building work on the agreed side, so as not to lose the agreement and have to spend money all over again.   If so, what consitutes 'building commencing', is there any thing (small) we can start to get the ball rolling on the side that we have the agreement for?

greatcrested

There is nothing to stop you starting work on the side where you have agreement. Since this work is not within the relevant distance from the neighbours with the dispute, it is nothing to do with them.