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    • Last Harbour
    • By Last Harbour 16th Apr 18, 12:53 PM
    • 4Posts
    • 13Thanks
    Last Harbour
    Party Wall Act agreement query
    • #1
    • 16th Apr 18, 12:53 PM
    Party Wall Act agreement query 16th Apr 18 at 12:53 PM
    Hello. Just a Party Wall Act query I am hoping someone can help me with.

    I am planing a loft conversion, into a Dormer. On one side there is an alleyway and so no pary wall so dont think Party Wall act applies on that that side. On the other side I have an adjoining house and get on well with the neighbour. I was very good and notified them what I was planning so they did not get any surprises gave a formal Party Wall notification last week. It turned out that in the last few weeks he had been getting letters from Surveyors which basically have been scaring the hell out of him about what happens if his property gets damaged etc and so to use them for Party wall agreement and it would not cost him anything as i get charged etc.

    Had a chat with him yesterday and basically said it was upto him if wants to go down that route but as we get on he could be confident that I would be responsible for any damage and that I was not employing cowboys but proper loft specialists to do the job. I said I was happy to put this in writing. This satisfied him and has left me to do the writing up.

    My question is this - what form should this write up be ? Seems to me I could either do a) a form of 'conditional conset' ie he consents to the party wall notice subject to me making good any damage that occurs on this side or b) we do a whole separate 'Party Wall Agreement. People have said that templates are available on the internet but I cannot seem to find. If anyone can point me to one that would be helpful

    Finally, he did ask if such a letter or agreement would be legally binding . Would it be ?
Page 1
    • G_M
    • By G_M 16th Apr 18, 6:26 PM
    • 45,321 Posts
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    G_M
    • #2
    • 16th Apr 18, 6:26 PM
    • #2
    • 16th Apr 18, 6:26 PM
    I presume in your formal notification you completed:
    • The proposed works are: description of the works [see note 17]
      The proposed works do / do not involve special foundations, [Only if applicable, see note 17 add - and accordingly I attach the relevant plans, sections and details of construction]...........
    (see Example Letter 1)

    Your neighbour can rspond with Example Letter 2.

    Best to agree and name a surveyor who you'll both use for arbitation in the event of a dispute eg over alleged damage.

    https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance
    • Last Harbour
    • By Last Harbour 17th Apr 18, 12:20 PM
    • 4 Posts
    • 13 Thanks
    Last Harbour
    • #3
    • 17th Apr 18, 12:20 PM
    • #3
    • 17th Apr 18, 12:20 PM
    Yes I did put in the sections mentioned.

    You are suggesting a standard consent reply but with a bit extra stating any damage will be paid by my builders etc. I like the suggestion of 'in case of dispute we will arbitrate via and agreed surveyor.
    • G_M
    • By G_M 17th Apr 18, 1:44 PM
    • 45,321 Posts
    • 54,323 Thanks
    G_M
    • #4
    • 17th Apr 18, 1:44 PM
    • #4
    • 17th Apr 18, 1:44 PM
    Yes I did put in the sections mentioned.

    You are suggesting a standard consent reply but with a bit extra stating any damage will be paid by my builders etc. I like the suggestion of 'in case of dispute we will arbitrate via and agreed surveyor.
    Originally posted by Last Harbour
    No. The agreement re damages is between the two neighbours ie which of them is liable.

    The contract between you and your builder is a separate matter.

    Have you read the guidance? That is where the reference to an agreed suveyor came from.
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