Party Wall and New Neighbours

Prime74

Could I get some party wall advice please...

We are knocking down our garage and rebuilding it. The new build will be within party wall act distance of the neighbour's conservatory. We've not much clue about what we need to do so...

1) Do you need to have a PW agreement when the building that could be affected is a conservatory and therefore a 'temporary structure'. I am fairly certain our foundations will be lower than theirs, we are going through building control and they didn't. 

2) I have found the right forms on the Gov website and can get the builder to assist with technical details and will serve in advance as required. 

3) what's the crack with insurance? Do I need to take or specific insurance to cover the build or will it be covered under the builder's insurance or our own buildings insurance. I see companies on line offering insurance but are they just a waste of money. 

4) Our neighbours are in the process of selling their home. The house sale is likely to take place at around the same time as the build starts. We need to give at least a month's notice under the PWA, how do we manage this is the owner changes either immediately prior to the build or part way through?

5) What would happen if the new neighbours move in immediately before or during the build and aren't happy? Our pw agreement is likely to be with the previous neighbours. 

Sorry, lots of questions! Thanks for reading 

Prime74

Can anyone help 🙏🙏

ThisIsWeird

Prime74 said:

Could I get some party wall advice please...

We are knocking down our garage and rebuilding it. The new build will be within party wall act distance of the neighbour's conservatory. We've not much clue about what we need to do so...

1) Do you need to have a PW agreement when the building that could be affected is a conservatory and therefore a 'temporary structure'. I am fairly certain our foundations will be lower than theirs, we are going through building control and they didn't. 

2) I have found the right forms on the Gov website and can get the builder to assist with technical details and will serve in advance as required. 

3) what's the crack with insurance? Do I need to take or specific insurance to cover the build or will it be covered under the builder's insurance or our own buildings insurance. I see companies on line offering insurance but are they just a waste of money. 

4) Our neighbours are in the process of selling their home. The house sale is likely to take place at around the same time as the build starts. We need to give at least a month's notice under the PWA, how do we manage this is the owner changes either immediately prior to the build or part way through?

5) What would happen if the new neighbours move in immediately before or during the build and aren't happy? Our pw agreement is likely to be with the previous neighbours. 

Sorry, lots of questions! Thanks for reading 

How well do you get on with your current neighbour? If decently, then have you sat down with them to show them your plans, and explained what will be involved? All you actually need to continue with this project is written permission from them - a PWA agreement+surveyor isn't a necessity. They are useful for complex neighbouring builds, where shared walls may need to be knocked through, or particularly deep 'undermining' foundations built, or a complex roof joint put in place, if there's confusion over the location of boundaries, etc., and they can be useful if you just don't trust the neighbours or their builder (say they are DIYing it or using a 'family firm'...)!

Is your choice of builder well known and reputable? If so, hopefully you can reassure your neighbour that it is a straight-forward build, with a reputable co., and there should be no complications at all. Add that it's been done with full Building Control oversight - "You will find it on the LA's Planning Portal" (if true...).

You also don't need a PWA to sort things if it goes wrong; if your builder brings their house down, your builder's liability insurance covers this, PWA or no.

So, if you can, have that chat, and seek their written 'approval' to proceed. 

If they insist on a PWA, then I suspect that they can, even tho' it's just a connie; I understand there's a 3m rule, where 'any part' of the home within that distance means that they can insist on a PWA surveyor, and then a '6m rule' which covers the property at a 45o angle. I just don't know whether they can insist on a PWA in your case; I suspect they can, but I don't know.

Your BCO suggested not? On what basis, can you recall? Perhaps call up a 'trusted' PWA surveyor in the 'hood and ask?

Insurance: this build will be covered by the builder's liability policy, so ask them for evidence of this. You should also inform your house insurance co. that you are having this work done, but that's just a formality. They may insist that you check your builder's credentials and provide evidence, I don't know. But do not neglect to inform them - it doesn't cost.

So, check the dims, see how close the main house is to your build, ask a local PWA surveyor if in doubt, and then have a chat, and then see if written permission can be garnered from your neighb. It's unfortunate that your neighb is selling at the same time - I hope they don't try and stall your build whilst they do this.

Once you start this work, don't worry about the neighbouring house changing hands - I cannot see any way that this will affect anything. I'd imagine that the original PWA surveyor will continue as per their contract.

Thinking about this, don't be surprised if your neighb does insist on a PWA surveyor - it probably makes complete sense for them to do this so they can reassure their prospective buyers.

Doozergirl

The party wall award isn't a personal thing, it's you exercising your right to build, so it would just carry over to the new neighbours.  

Re: insurance.  You need to tell your home insurers that you're planning work so they continue to cover the house. 

The work is not covered by bog standard public liability insurance, your builder should have separate contract works insurance that more than covers the cost of your build.   That covers the building work only, your home insurance covers your house.  

Prime74

Thank you both, that's really helpful. 

We haven't had any conversations with the BCO as yet. I do know that they didn't get planning permission or building control for their conservatory, not that that is any of my business really but I saw their footings going in and that's why I know it's not 900 deep as it's will be. 

We get on well with the neighbours so will have a chat and see if they will sign something. 

Thanks again