Party wall situation

Pleasehelpmeout

Hello everyone, 

We have planning permission for a 4.5m extension on our terraced house. One neighbor is fine with it, but the other has been difficult from the start. He claims it blocks his sunlight (which isn’t true) and has hired ‘Adam Joseph Chartered Surveyors,’ demanding we sign within 48 hours or get our own surveyor (which means paying double, as far as I know we have to pay his surveyor and our if we don’t sign this asap) Do we have to sign? Can he actually stop us from building?

Robin9

Can you edit title and thread  please - your issue has nothing to do with the surveyors.

You have Planning Permission and your neighbour would have the opportunity to object then -  did he?

Pleasehelpmeout

Robin9 said:

Can you edit title and thread  please - your issue has nothing to do with the surveyors.

You have Planning Permission and your neighbour would have the opportunity to object then -  did he?

I believe yes he had this opportunity but he didn’t object then he is doing it now, what do you suggest do we just go with his surveyors? 

Flugelhorn

the time to complain was when the planning permission was applied for - not sure what he thinks he can do now.

JGB1955

Do you need a party wall agreement?

Pleasehelpmeout

Do I have to pay the surveyor he got?

Pleasehelpmeout

JGB1955 said:

Do you need a party wall agreement?

JGB1955 said:

Do you need a party wall agreement?

JGB1955 said:

Do you need a party wall agreement?

He Does, he demands it that’s why he got the  surveyor too, what I don’t understand is if I Have to pay the surveyor he hired?! Can’t I just have mine or paying his surveyor but not all just us? I don’t know how it works, should I sign the paperwork he sent? 

Section62

Pleasehelpmeout said:

Do I have to pay the surveyor he got?

Sounds like this might be a party wall situation.

Have you started construction work on the extension yet?

Pleasehelpmeout

Section62 said:

Pleasehelpmeout said:

Do I have to pay the surveyor he got?

Sounds like this might be a party wall situation.

Have you started construction work on the extension yet?

Yes that’s what it is 

no we haven’t 

Section62

Pleasehelpmeout said:

Section62 said:

Pleasehelpmeout said:

Do I have to pay the surveyor he got?

Sounds like this might be a party wall situation.

Have you started construction work on the extension yet?

Yes that’s what it is 

no we haven’t 

In which case it sounds like you will need a party wall surveyor whatever - and you have the choice of having your own and paying for the neighbour's or paying for one to work for both of you.  You need to speak to the company the neighbour has approached and see what they say.  The PWS is supposed to act as a neutral arbiter, so you shouldn't be in a worse position other than you might be able to find one who would charge less, but the neighbour doesn't have to agree to use the one you pick.

If you haven't started work and don't intend to for a while then I'm not sure the neighbour has a right to demand anything of you, let alone make you sign anything within 48 hours.  @Doozergirl is the resident expert on the party wall act so may be able to advise better on that point.

Obtaining planning consent doesn't mean you have to build whatever the thing you got the consent for, so unless you've told them you plan to start building soon I'm not sure why the neighbour is adopting this approach.

jj_home_80

This sounds like a classic party wall situation. If your extension affects the party wall (shared boundary wall, or even foundations close to it), then under the Party Wall etc. Act 1996, you do need to serve notice – and if your neighbour disputes it, surveyors get involved.

No, you don’t have to sign what their surveyor sends you, especially not under pressure or within 48 hours. That’s just them trying to rush you – you’re entitled to take your time and even get your own surveyor involved if you want.

You’re right that if you both appoint surveyors, then yes, you usually cover the cost of both under the Act. If you’re happy with the firm they’ve chosen and trust it’s fair, you can agree to use that one “agreed surveyor” to keep costs down – but you’re not obligated to.

As for stopping the build – no, your neighbour can’t stop you building if you’ve got planning permission and follow the proper process under the Party Wall Act. But if you skip the party wall process, they could delay things or take legal action.

Might be worth getting a party wall surveyor yourself just to get proper advice and not get pushed into anything. Don’t rush into signing anything without understanding it.