Didn't serve party wall notice for loft conversion

lad22

Thank you everyone - this was really helpful. The solicitor didn't explain that a party wall was more than just a wall that adjoined the property. So it seems that I need a surveyor to check the works, even if it's just my side and they can't gain access to the neighbour's house. Irritatingly it seems I'll just have to pay for that myself, whereas if a party wall notice had been served, they'd have had to pay. I know if it turns out that they should have served a notice I'd get the cost of the surveyor back, but that would require me to sue them for it. Frustrating. 

sheramber

The tenants say they can see sky through their (my) roof in the attic!
Have you had the roof checked to ascertain that the hole os due to the work on the next door property and not some unrelated cause?

lad22

sheramber said:

The tenants say they can see sky through their (my) roof in the attic!
Have you had the roof checked to ascertain that the hole os due to the work on the next door property and not some unrelated cause?

There's nothing wrong with our roof. They've removed all their tiles, which is why you can now see through - you couldn't see this before the work started on Monday.

lad22

Btw, I spoke to a surveyor and he said that usually loft conversions do involve work that requires a party wall notice. I suspect the neighbours just didn't want any lack of cooperation from me and took the risk in not serving notice in the hope that they could get the work done before I could do anything, given that the Act has no real 'teeth' and it's risky going for an injunction with zero information. I got no reply to my email, and emailed them again - nothing. There is nothing on the planning website, so it's impossible to know if their works fall into the small percentage of loft conversions where a notice wouldn't be required. If I went for an injunction and it turned out their works were within that small percentage, apparently I could be liable for their costs even if they could have avoided the situation by communicating (regardless of whether or not they served a notice). Very frustrating.

Josquin

Don't know if any of this might help. I expect you may have already seen it.

https://www.gov.uk/party-walls-building-works/if-you-cant-agree

Josquin

Also-

https://www.gov.uk/party-walls-building-works/work-tell-your-neighbour-about

greatcrested

lad22 said:

....... There is nothing on the planning website, so it's impossible to know if their works fall into the small percentage of loft conversions where a notice wouldn't be required. If I went for an injunction and it turned out their works were within that small percentage, apparently I could be liable for their costs even if they could have avoided the situation by communicating (regardless of whether or not they served a notice). Very frustrating.

Maybe I'm missing the point, but I think you are confusing Planning Permission with Party Wall Act rules. They are quite separate.

Even where PP is not required (Permitted Development etc), that does not remove the obligation to comply with the Party Wall Act process provided work is being done to a Pary Wall (as defined in the Act).

So I don't understand why the cost of obtaining an injunction under the PW Act would be affected by whether or not PP was needed and/or obtained.

Someone else may know better.

But as I advised earlier - all this could be easily clarified by a Party Wall surveyor who would have extensive experience in this area.

macman

Yes, a loft conversion would invariably require them to serve a PWA notice, as the steels will be supported at one end by the common wall, into which they must first cut.

You don't have to go the full injunction route: you can simply send a strongly worded LBA insisting that the work stops, and you can do this yourself, or through your solicitor. Whether it will have any effect, no one can say.

homersimpson246

Are they actually doing anything to the party wall that would trigger the act?  If your tennants can see daylight through the roof is this because there is no wall between the properties at roof level?

jimbog

Many Victorian terraces were built without a dividing wall in the loft. Have your tenants sent you a photo?