Help - need party wall agreement but neighbour in no state to consent

beckstar1975

We had just paid a deposit for desperately needed loft conversion work (14yo currently sleeping in dining room!) when our next door neighbour was blue lighted to hospital where she's been diagnosed with suspected end stage cancer. No relatives, she lived alone and had no children.

How do we proceed on this basis, can we buy an indemnity? or are we stuck until either she's back and able to consent (don't really want the works going on if she's having chemo/radio or is end of life) or if the worst happens until probate is granted and the house sold? I suspect (don't know) she may not have a will and there's no obvious relative as her mum is dad, rest of family mainly overseas.

Are we stuck or are there other ways we could negate this? It's just so sad

aoleks

you don't need to have a party wall agreement, it's good practice as opposed to a legal requirement. you will be responsible for damage to the party wall regardless. your neighbour could stop the works if she wanted to, but since she's not well, I'm sure your extension will be the last thing on her mind.

[Deleted User]

Hi,

had you spoken to neighbour about extension, and no negatives then?

beckstar1975

Hi - no we hadn't spoken to her as she'd been hiding as didn't want people to see she was ill  

stevenway

Steve the party wall surveyor here - aoleks is wrong.  Official answer -  If you are working on the wall, it is a statutory requirement to serve a party wall notice two months before you start work.  The neighbour can then consent or dissent.  If you get no reply to the notice in 14 days it is deemed dissent and you must ask the neighbour to appoint a surveyor in the next 10 days.  If they do not you can appoint one for them.  The surveyor can then prepare a party wall award (agreement), if you cannot get access to next door then it will not have a schedule of condition.  

Unofficial answer, and not my profession advice  - if you are just putting two steel beams into the party wall (not raising it to form a dormer) its risky, strictly unlawful but you could just do it...