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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

AIBU to not want to pay for party wall surveyor

51 replies

MrsJackSpratt · 03/05/2021 14:19

Our neighbours (we're semi's, but it's the 'non attached' neighbours) are having a massive extension built. I'm not entirely thrilled about it as it's double height 1/3 way down length of garden, but, they're good neighbours and at end of the day, it's not worth the fight.

But, the extension is right up to the boundary, and so we've been advised we should have a party wall agreement in place. Neighbours have said that, as we're the ones that want the agreement, it's our responsibility to pay for it. Which is in region of £750 to £1000!!

For us this is a lot of money, and I don't really see why we should have to pay anything for THEIR extension. But if we don't have one, it seems we won't have the same protection if our property is damaged in any way during building works.

Is it really our responsibility to pay for this? Or can we insist they pay? Basically, AIBU to say "not a chance"

OP posts:

littlepattilou · 03/05/2021 20:02

Who the fuck has clicked YABU?

HOW is the OP being unreasonable?

tootiredtospeak · 03/05/2021 20:05

Cheeky fuckers they have to pay for one they are having the work done. They can appoint a shared one or you can appoint your own separate to theirs and they still have to pay for it. Or they can draft up an internet version and you both can sign that if you agree with what's on it. You shouldn't be paying a penny.

tootiredtospeak · 03/05/2021 20:08

If they are coming up to your boundary with foundations they should have one regardless of if your attached. It's not an easy read but all on the government website.

Original poster

MrsJackSpratt · 03/05/2021 20:13

It's a party wall, as our existing garage goes up to the boundary. They will be building against this. They said their architect advised them to advise us to get party wall agreement

OP posts:

Original poster

MrsJackSpratt · 03/05/2021 20:15

I have read the government website etc, and couldn't find the answer to this.

OP posts:

Whammyyammy · 03/05/2021 20:16

They're trying to mug you off, they pay

FrenchBoule · 03/05/2021 20:17

How is the extension right up to the boundary? The actual wall of the building or the foundation?

OP, there was similar thread not so long ago here.
It’s your neighbours who pay for party wall surveyor as they are the one building but you can appoint one.

Definitely get one as the foundations might be on your land(better not) and if that’s the case it needs to be addressed asap as it opens a potential can of worms in the future- land, boundary and dispute. They legally can’t build on your land but if they get away with it now then you stand to lose out big time.

Do not give (literally) an inch.

Don’t let be bullied in the name of “neighbourly relations” as you’ll get shafted.

billy1966 · 03/05/2021 20:17

OP,
That is a massive extension that is going to surely impact your property.

If they have lied, as appears to be about something this basic, they are NOT good neighbours and you will regret deeply bei g so naive.

For selfish neighbours they will hope you don't bother.

Film your property BEFORE they start works so that you have a record.

Also do not underestimate the dust that will cover your home, car, windows.

The hours they work and noise at tge weekends.

Start as you mean to go.
Good neighbours won't want you pissed off and won't take advantage.

Are you loosing the evening sun?
If you are and your house is going to be i shade, that will definitely impact the value of your home.

Be very wary.

Original poster

MrsJackSpratt · 03/05/2021 20:22

When I say 1/3 way down garden, the gardens are approx 60ft, so not massive gardens. Think big city suburbia, but at a rough guess, it will double the floor space.

It should affect the sun, but that's something we will look at. Thanks

We thought it might actually improve value of house as will have precedent for extension as ours is ripe for extending (we're not in financial position to do so).

OP posts:

MooseBeTimeForSummer · 03/05/2021 20:40

Doesn’t there have to be a gap between your garage and the extension wall for you to be able to get down the side to maintain the gutter etc on that side of the garage?

84wood · 03/05/2021 20:45

Hello

They pay. We’ve just built along boundary line. Massive project. There was already a garage there so we’ve used that to get planning. Neighbour went nuts and demanded a formal party wall. Fair enough. We’re £3.5k lighter.

YankeeDad · 03/05/2021 22:49

If they are using your garage wall as part of their new structure, then they are doing so in exercise of their rights under the Party Wall Act, then they are obliged to serve notice appropriately, and you also have rights, including the right to appoint your own Party Wall Surveyor at their expense.

Also if they are using your wall then they will owe you some money for the use of your wall as part of their structure. It is not a huge amount but it is enough to be worth getting. A Party Wall Surveyor should know how to negotiate to a fair amount.

CuriousSeal · 04/05/2021 09:36

My DH is an architect and said that your neighbours should pay.

Original poster

MrsJackSpratt · 04/05/2021 09:58

Thanks everyone who has responded.

It's made me realise we do actually need some professional advice as to what will happen with our garage wall as well as other aspects

OP posts:

honeylulu · 04/05/2021 11:06

Solicitor here. They must serve you with a PW notice or they are in breach of the PW Act. You respond by agreeing (no surveyors needed unless anything goes wrong) or objecting (both sides appoint a surveyor to agree the scope/ mode of works and draw up an agreed schedule of condition and the building neighbour pays for BOTH surveyors).

The point of the PW Act is to (a) limit the chance of damage to neighbouring property and (b) it gives you a mechanism to resolve disputes directly with your neighbour without going to court. If they go ahead without PW notice and your property is damaged you can surveyor for negligence but your action will be against the "tortfeasor" ie the builder rather than your neighbour.

honeylulu · 04/05/2021 11:07

You can SUE for negligence that should say!

MrsWhites · 04/05/2021 11:33

Their architect probably did tell them to discuss it with you, as in ‘your neighbours will need to appoint a PW surveyor’ - they are just missing off the point about it being at their expense. Cheeky fuckers!

CharlotteRose90 · 04/05/2021 14:38

They can’t build right up to your garage unless your garage is at the end of the boundary line. You need advice on this because there’s been a story in the papers on this today. Both houses extended to the boundary and now both kicking off as they can’t reach the side of their places. Get legal advice and ask to see the planning permission

Original poster

MrsJackSpratt · 04/05/2021 15:04

I've read all the planning docs today on our local council site, and permission has been granted to go right to boundary line.

Our garage is original from when the houses were built. So our garage wall is basically the dividing line, but wall is on our side of boundary (not straddling it).

The plans show the extension going right up to this boundary.

They applied earlier this year when me and my husband were both working 12 hour days, 6 days a week and had no time to even think about things like planning applications.

OP posts:

CharlotteRose90 · 04/05/2021 15:39

@MrsJackSpratt

I've read all the planning docs today on our local council site, and permission has been granted to go right to boundary line.

Our garage is original from when the houses were built. So our garage wall is basically the dividing line, but wall is on our side of boundary (not straddling it).

The plans show the extension going right up to this boundary.

They applied earlier this year when me and my husband were both working 12 hour days, 6 days a week and had no time to even think about things like planning applications.

Oh man that’s crap. Sadly I don’t think you can do anything then if it’s been approved. Will just be a tiny gap in between . All I will say is tell your neighbours it’s their responsibility for the party wall agreement not yours.

SkiingIsHeaven · 04/05/2021 19:59

Does the proposed foundation to the wall straddle the boundary line? That needs to be agreed by you if they are.

roseum · 04/05/2021 20:29

They pay, we’ve just gone through this (we’re extending). One neighbour agreed to shared use of our surveyor to draw up an impartial agreement, we pay for this. Other neighbour appointed their own surveyor to liaise with ours, we pay for our surveyor and theirs. Up to you which route you go down, but in your shoes, given they sound shifty from their actions, I’d insist on my own surveyor. They should still pay for it all whatever you do.

SeasonFinale · 04/05/2021 21:13

You can still insist on a party wall agreement. They will have to pay for it. You can either use their surveyor or they can pay for one you choose. But either way they pay, not you.

billy1966 · 04/05/2021 21:33

A decent neighbour calls into you and lets you know what they are planning.

I'm sorry OP, but they are not good neighbours.

They think they got this past you.

You need to be all over this.

AHobbyaweek · 04/05/2021 23:04

Party wall agreements are separate from planning permission so planning permission does not mean they don't have to go through the party wall process.

www.gov.uk/party-walls-building-works

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