House next to one we are buying is building without party wall agreement

Monkeyface41

Hello wise ones

We are buying a house (in probate which complicates matters). We were due to exchange fairly soon but something has arisen and I can't seem to find out whether or not it's really a major issue.

The house that we are buying is attached to the one next door by a linked garage and the wall is a party wall.

The neighbour is building an extension over his (linked) garage. We have no issue with the extension itself as we knew about it when we offered. However, they have now started the build and there was no notification of works and there is no Party Wall Agreement in place (even though we raised with the solicitor whether there was a need for this several months ago).

-Should we be concerned about this or should we just proceed to exchange of contracts? Our solicitor is saying it may prevent us selling in future - is this a genuine concern?

-Can anything be done to protect us in the event of any issues arising from the works? There is talk of indemnity insurance but what does that cover?

-As I understand it, a PWA cannot be done retrospectively as works have commenced - is this correct?

-We've also been advised to consider instructing a surveyor to look at the works. Should we do this? What would that achieve? Would it be a replacement of some kind for the missing PWA? And I really don't want to start my new life in dispute with the neighbour - because actually we are fine with what they are building we just don't know how much of an issue the lack of PWA is!

-Is there anything else I can/should be doing?

Realistically this won't be our last home and we will want to sell in future; I initially wasn't too concerned but having spoken to the solicitor and been told we might not be able to sell because of this I am now rather worried.

Any knowledge anyone can impart would be gratefully received as I am at a loss and can't get any good advice from my solicitor... Sorry it was long. Thanks so much for taking the time to read, I appreciate it.

aoleks

it's not really an issue, but do take proper pictures of your property (inside/outside/details). should they mess up the foundation (they won't) and your walls start cracking, they're liable. also while the house is not yours yet, double check if a party wall notice has been served to the current owners.

Monkeyface41

aoleks said:

it's not really an issue, but do take proper pictures of your property (inside/outside/details). should they mess up the foundation (they won't) and your walls start cracking, they're liable. also while the house is not yours yet, double check if a party wall notice has been served to the current owners.

We have, no PW notice was served either to the deceased or the executors (who are local and are known to the neighbour). Unfortunately work is underway already and we live 5 hours away which is making matters complicated and we are unable to monitor the works. Thank you though for the reassurance that it isn't the huge issue the solicitor seems to be suggesting.

canaldumidi

It will only be an issue if the work causes damage to the property you are buying.

A PWA is designed to ensure work is monitored by a PW surveyor to protect against that eventuality.

Lack of a PWA certainly won't prevent or hinder a future sale since the work will have been completed by the time you come to sell.

Monkeyface41

canaldumidi said:

It will only be an issue if the work causes damage to the property you are buying.

A PWA is designed to ensure work is monitored by a PW surveyor to protect against that eventuality.

Lack of a PWA certainly won't prevent or hinder a future sale since the work will have been completed by the time you come to sell.

So we are probably covered by buildings insurance/their building company's insurance any way I guess. I appreciate you taking the time, thank you.

Bendy_House

Hi Monkey.

AfaIk, the two important issues are; are you ok with what they are building? The answer to this is clearly 'yes', which is good news.

The other issue is, is it being built correctly? Eg, are the foundations adequate for this new floor, for example? The answer to that is whether building regs have been applied for. If they have, then the plans for this extension should have included reference to the foundations, and whether they are already good enough. Either they are known to be adequate (and good chance they are), or else a test-dig would have been asked for to expose them to confirm they will take an extra floor. The BCO would/should then be coming out at regular intervals (perhaps only 2 or 3 times...) to confirm it's being built according to the supplied plans. The first visit is usually to do with the founds, unless evidence has been provided to show they are ok.

So, I guess, what you actually want to know is, has this extension been declared - and approved by - Building Control?

If it has, then relax. Should anything happen - your garage falls down - then that's what insurance is for, and they will tackle the miscreant neighbour if they want to. If this has NOT been submitted to BC, then that would be a cause for concern. So I think a phone call should be in order?

canaldumidi

Monkeyface41 said:

canaldumidi said:

It will only be an issue if the work causes damage to the property you are buying.

A PWA is designed to ensure work is monitored by a PW surveyor to protect against that eventuality.

Lack of a PWA certainly won't prevent or hinder a future sale since the work will have been completed by the time you come to sell.

So we are probably covered by buildings insurance/their building company's insurance any way I guess. I appreciate you taking the time, thank you.

I'm not sure stadard buildings insurace would pay out forpoor construction work/damage. Risks covered are usually fire, theft, storm damage etc....

If you have extended the cover to include legal, that would cover the cost of suing the neighbour for damage caused.

Monkeyface41

Bendy_House said:

Hi Monkey.

AfaIk, the two important issues are; are you ok with what they are building? The answer to this is clearly 'yes', which is good news.

The other issue is, is it being built correctly? Eg, are the foundations adequate for this new floor, for example? The answer to that is whether building regs have been applied for. If they have, then the plans for this extension should have included reference to the foundations, and whether they are already good enough. Either they are known to be adequate (and good chance they are), or else a test-dig would have been asked for to expose them to confirm they will take an extra floor. The BCO would/should then be coming out at regular intervals (perhaps only 2 or 3 times...) to confirm it's being built according to the supplied plans. The first visit is usually to do with the founds, unless evidence has been provided to show they are ok.

So, I guess, what you actually want to know is, has this extension been declared - and approved by - Building Control?

If it has, then relax. Should anything happen - your garage falls down - then that's what insurance is for, and they will tackle the miscreant neighbour if they want to. If this has NOT been submitted to BC, then that would be a cause for concern. So I think a phone call should be in order?

Thanks for this. The extension isn't under permitted development so it has gone through and been approved by the planning department; I can't see any reference to foundations in the public documentation but there is a letter which states that it must conform to building regulations and the plans were drawn up by an architect. On Monday I will see if anyone can tell me anything over the phone. Appreciate you taking the time.