Neighbours smashed through loft, no party wall agreement

[ophelia67]

Our neighbours have just built a loft extension. The builders have smashed through into our loft, the steel from their side is exposed on our side. They came round to "fix" it but have left a lot of damage our side.

The neighbours didn't consult us first or ask us to sign a party wall agreement. Are there going to be ramifications for them/us if either of us need to sell being that there isn't an agreement?

Planners have nothing to do with PWA.
They only consider whether it’s worthy of planning
You can get planning to build a block of flats in your neighbours garden if you like. Planners dont check this sort of thing.
PWA happens after planning and prior to starting on site

They cannot legally do this without a Party Wall Agreement, and they have to pay for your party wall surveyor.

I would tell them that the builders have to stop work immediately and that you will appoint a PW surveyor asap. And that it is their responsibility to pay for this.

They are clearly clueless, and have clearly employed a right load of clueless cowboys.

It’s serious.

im an architect. Been dealing with this for years
At planning stage you’re supposed to advice clients their obligations. Including the need for PWA, we always tell clients to talk to neighbours even if PWA rights of light etc are not involved.

You don’t not have to submit proof of this to the planners.
You may have to provide drawings for rights of light
You may have to agree to hours of buildingworks if your next to a recording studio, that sort of thing. But possible damage to a neighbours property is not a planning this it’s a civil matter.

We had similar. Neighbours getting builders in without planning permission (the wife's Linked In claimed she chaired the Planning Committee in a neighbouring borough - Labour are not getting my vote!) aiming to take our supporting walls on three floors. The neighbour on the other side, an elderly widow, had 8 foot cracks inn her walls. Building control were excellent, came round the next day and put some sort of stop to it. The legal people at our insurance were equally good and dictated letters about injunctions etc. They required us to get a surveyor in to do a pre-condition survey, and confirmed that yes, they would pay for us to go to court if necessary as it would still be a lot cheaper than rebuilding our house. In the end the neighbours were forced to use a structural engineer, to have a project manager and to scale back their plans considerably. As a small push back we absolutely refuse to take in their Amazon parcels!

From what I hear this problem is surprisingly common.

Oh and no PWA either.

Also in kent….
Worked in Gravesend, Rochester, Faversham, all the small villages, london and further west
I’m 57
I have never been asked for this
The planners have no right to ask for it
Planners have no right to insist on detailed and costly building works information during the planning stage.
Planning, building regs, PWA are all completely separate things

Your architect should have told you the planners we’re overstepping their rights

This. We had an extension built and builders wanted a copy of the paperwork for their file and to talk to neighbours in advance before they started work.

PWA is a safety net for both parties
Surveyors check extg condition of neighbours property
Agree details of how work is carried out, if it’s near your property
Ensure neighbours property is not adversely affected by the works
If neighbours property is affected you have pictures, a third party and info to prove it

A PWA or lack thereof cannot stop planning you just have to have one

Your builders were Quite right.
No decent builder would start work without this in hand.

No. PP just covers planning.

Nothing ‘clearly’ about it.

Planning covers planning. Nothing to do with civil matters such as PWAs or Right to Light.

You know I could get a PP for a pagoda in your back garden as long as it was agreed in planning terms?

However, luckily for you, It wouldn’t be legal for me to March in with my digger and bricks and build it in your garden.

PP, building regs, party wall agreements and land ownership are all separate issues.

🙄