Buying House with party wall notice

GemmaZE

Hi Wise ppl in the forum, 

It's me again - buying a house which have HMO tenants and waiting for the property to be vacant before exchange. Further thing come up on the conveyancing that the next door neighbour is due to start 6 month long extension work: ground floor back extension and loft conversation. Party Wall notice was issued to the owner about a month ago which was not been responded, since then they have issued 10 days notice to appoint surveyor, which I understand has not been responded neither.  

Could someone please advise what does it mean to us - as buyer?  does it mean next door neighbour would pay for the part wall surveyor? or the seller would need to appoint one and pay for it if before the exchange?  I don't think he would respond to it given he's abroad and we're in the process of purchasing this house.  Does it mean we would need to pay for (half of the) party wall survey on completion? 

Also - my worry is how difficult it is for us to find tenants once next door neighbour starts the construction work. Has anybody got experience ?  My plan is to lower the rent hoping we could still get someone in. 

It's been a painful buying process and we have thought of pulling out multiple times, the house we're buying is in an ideal location (for us) and doesn't come up on the market very often (1 or 2 properties a year), every time it does either a bit small or detached way over our budget. it's the house your heart can't give up even though the brain tells you to go away multiple times.. 

Advice appreciated! 

mjm3346

If the owner doesn't respond then



From the pointy of view of the people wanting to do the work



The dispute resolution process will also start if they don’t respond to your notice within the given time.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

If your neighbour (the absent owner in this case) doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.


You can click through the gov pages here

https://www.gov.uk/party-walls-building-works

GemmaZE

mjm3346 said:

If the owner doesn't respond then



From the pointy of view of the people wanting to do the work



The dispute resolution process will also start if they don’t respond to your notice within the given time.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

If your neighbour (the absent owner in this case) doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.


You can click through the gov pages here

https://www.gov.uk/party-walls-building-works

Thanks a lot!
Reading it through, looks like neighbour would appoint a surveyor on vendor behalf as he is not responding to it. In this case vendor would have to pay for it or leave us to pay most likely,
depending on when completion takes place. 

GemmaZE

anyone has managed to find tenants while next door are doing major work? How long does it take.?