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Party Wall Query

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  • Section62
    Section62 Posts: 9,871 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    WIAWSNB said:
    Section62 said:
    From the EA pictures and the OP's "At the bottom of the wall is a small retaining wall" comment, I think it is a case of having a brick wall which retains a (small?) amount of soil on the OP's side.  If I were the neighbour I'd want to understand what the repairs involve and whether the result will be durable.
    Of course.
    In which case, there's no case. 
    What we've been told is, "The landlord is now trying to dictate exactly how the wall is repaired citing the party wall act, adding considerable cost." 

    At the risk of repeating... CD and EF are both party walls, and both appear to be within 3m of the wall the OP is talking about.  So whether the PWA act is engaged will depend on the exact nature of the work being done to the boundary/retaining wall and how that may impact on the nearby party walls.

    The neighbour (landlord) can't "dictate" how the work is done, but could consult a PWS. If the PWS considers the PWA is engaged by the work being proposed then the OP could find themselves paying for a PWS whether they want to or not, and the PWS can (more or less) "dictate" exactly how the wall is repaired.

    This situation looks more complicated than typical (e.g. it isn't clear the OP even owns the wall) and as Victorian terrace houses are notorious for often having little or nothing in the way of foundations it would be sensible - given the neighbour is waving the PWA around - for the OP to contact a PWS for advice.  If the PWS confirms the PWA isn't relevant then all is good.

  • WIAWSNB
    WIAWSNB Posts: 917 Forumite
    500 Posts Name Dropper
    edited 30 June at 10:35AM
    Section62 said:
    At the risk of repeating... CD and EF are both party walls, and both appear to be within 3m of the wall the OP is talking about.  So whether the PWA act is engaged will depend on the exact nature of the work being done to the boundary/retaining wall and how that may impact on the nearby party walls.
    The neighbour (landlord) can't "dictate" how the work is done, but could consult a PWS. If the PWS considers the PWA is engaged by the work being proposed then the OP could find themselves paying for a PWS whether they want to or not, and the PWS can (more or less) "dictate" exactly how the wall is repaired.
    This situation looks more complicated than typical (e.g. it isn't clear the OP even owns the wall) and as Victorian terrace houses are notorious for often having little or nothing in the way of foundations it would be sensible - given the neighbour is waving the PWA around - for the OP to contact a PWS for advice.  If the PWS confirms the PWA isn't relevant then all is good.
    On the info provided, that is extremely unlikely. If we have been 'misinformed' by the OP, unintentionally or otherwise, then it's self-regulating; anything I've said is self-extirpating, and he'd be very silly to go with it.
    Of course, if the OP's builder is intending to dig foundations for this small retaining wall that goes deeper than the house's foundations, or...
    Anyhoo, I've asked the OP to clarify what the neighbour's issue actually is. 

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