To be fuming with neighbour over party wall agreement?

[Emergency73]

We moved into a semi detached bungalow 3 years ago. Surveyor described it as tatty, and it’s needed a lot of work doing to it. We’ve recently completed a loft conversion. Not only has this given us more space, but also means we’ve been able to do some essential repairs to roof.
We needed a party wall agreement - and neighbour has been difficult from the outset. Wanted us to change our plans (which had already been passed). Neighbour has a large brick built conservatory. It exceeds 3 metres, blocks out light from our lounge, and has a lip that drains onto our property. We cannot see a planning application for it online, and it would have needed a party wall agreement - had planning permission been sought.

Neighbour’s main gripe has been about protecting/cleaning conservatory during building work. We paid to have it covered, and then after the work my partner cleaned it. Neighbour then spoke to the builders who also cleaned it.
Last week there were Anglian vans at her property checking over the conservatory (they installed conservatory).
Then a couple of days later, a ladder went up against the conservatory, and someone was peering over with a camera taking photos.

I believe this was the surveyor as we told them our job was complete a few days earlier - but I’m not 100% sure, and it felt quite intrusive as whoever it was could clearly see me in our lounge.
Her conservatory looks spotless, and we cleaned all moss from her gutters.
Prior to the building work, she spoke to me - was confrontational and said “I will find a contractor to clean my conservatory after the building work and you will pay”.
I argued back with her pointing out that her contractor had a few weeks earlier knocked out bricks from our front wall - to which she responded that a dog walker had kicked the wall.
Since then she doesn’t speak to me and all communication is through DP.
I’m just sitting right now, waiting to hear what happens next. But it all feels unfair - and DP’s Dad said we need to stand up to her, as it’s bullying.
DP think we should just wait and see. And I think he’s right really - we can’t really do anything until the surveyor has hopefully signed off our work. But if surveyor does come back to us with a long list of faults/claiming we’ve caused damage - do I start fighting back? Can I argue that the conservatory was not built legally in the first place?
Neighbour previously used to ask if window cleaner could access conservatory from our garden to clean - but I feel I should now say ‘no’. Neighbour often sprays water on the conservatory roof with a hose to clean, which sprays over our lounge window and into our garden - so I feel I should put a stop to this too?

I’d check if she got planning first. If it’s illegal, she may need to reduce the size/remove it.

You’ve tried to be the bigger person and be nice and it hasn’t worked. Tell her to jog on.

Stand up for yourself and your priority otherwise the list of demands will get longer . She feels she has control of the situation . Definitely find out if she had planning permission and then stop any access onto your property and maybe install cameras to prove any damage .

*property

How long has the conservatory been there?

Honestly?
Don't escalate it.
People can be odd about change. Maybe she got on with the previous occupiers of your home and they agreed no need for party wall agreement?
You have done it all the right way. Be confident in that.
Only act on what the party wall surveyor says.

Thanks for replies! @Cherrysoup I’m pretty sure all planning applications are shown online, and there is no application for it. However I also think that if it’s been there for few years, it becomes legal. I don’t intend to say anything about it, as we bought the property knowing it was there - but if the surveyor claims we’ve damaged it (I’m 100% sure we haven’t) - I’m wondering if I can say the conservatory wasn’t built legally in the first place??
I’ve just got to sit tight until I hear what the surveyor says. And hopefully - if everything is passed - I will no longer communicate with neighbour.

We really have tried to be nice, we fixed her gate in the past, cut back bushes etc. But this has all been too much! It feels like she is taking the piss.

You need to record all conversations with her. (Date time, etc.) Also video would be super. Get a ring doorbell, and invite her to chat where it records.

Not sure how long conservatory has been there. She showed DP the receipt for the conservatory before work to our property started. Saying it cost her £40 000. So fairly recent?? If she didn’t get planning permission, then she wouldn’t have even sought or asked for a party wall agreement.

It might not need planning permission if it less than 3m square so this may be why it's not appearing.

DP’s Dad thinks she just took advantage of previous owner and built it - previous neighbour went into a care home and nephew sold the property. Apparently that was all a bit dodgy as her son arrived on our doorstep about a year after it was sold, asking where his Mum was.

@Emergency73

Thanks for replies! *@Cherrysoup* I’m pretty sure all planning applications are shown online, and there is no application for it. However I also think that if it’s been there for few years, it becomes legal. I don’t intend to say anything about it, as we bought the property knowing it was there - but if the surveyor claims we’ve damaged it (I’m 100% sure we haven’t) - I’m wondering if I can say the conservatory wasn’t built legally in the first place?? I’ve just got to sit tight until I hear what the surveyor says. And hopefully - if everything is passed - I will no longer communicate with neighbour. We really have tried to be nice, we fixed her gate in the past, cut back bushes etc. But this has all been too much! It feels like she is taking the piss.

Enforcement action can't be taken after 4 years. Arguments about damage to either property during building works need to be resolved between the two of you, the council won't get involved.

Even if it needed planning permission and was built without, there is nothing the council can do if the enforcement period has passed.

@HappyDays40 - it’s over 3m, and I think permitted consent also appears.

@PiglingBlonde I’m only going to bring it up potentially if she - through her surveyor - claims we’ve damaged it. We just haven’t!! There is no possible way!

If the 4 years have passed, but it’s draining onto our property and causing issues for us? Blocking our light?

[quote Emergency73]@PiglingBlonde I’m only going to bring it up potentially if she - through her surveyor - claims we’ve damaged it. We just haven’t!! There is no possible way!

If the 4 years have passed, but it’s draining onto our property and causing issues for us? Blocking our light?[/quote]
It doesn't matter what the issues are if the four years have passed - the council are not able to do anything about it.

You'd have to put together a civil claim - nuisance potentially? But you're getting into the realms of having to declare neighbour disputes if you ever sell.

I don’t know where you are but in Scotland if it’s less than 1m from your boundary it definitely needs planning permission regardless of size (been there, got the t-shirt). It’s worth checking if there’s a similar restriction in your area.

I think I’ll hear from surveyor today. I guess it’s useless me speculating until I know!

@WeRTheOnesWeHaveBeenWaitingFor

You’ve tried to be the bigger person and be nice and it hasn’t worked. Tell her to jog on.

This

Did a surveyor take photos before and after? If so it will be easy for the independent surveyor to determine if your works had damaged it. Which if so - you do have an obligation to make good, irrespective of whether it had planning permission or not

Beyond that I'm not sure what else you can do, just use the formal report as the next step and any other action via another informal route is probably not worth exploring

@Jellycatspyjamas thanks! I’m in England. It’s on our boundary, and the lip drips over onto our property.

Her existing conservatory may not have needed Planning due to Permitted Development rights. It also doesn't require retrospective permission after it has stood for 12 years.

The planning status of the conservatory has nothing to do with the current party wall agreement in relation to your works and any damage found will be recorded and you should be asked if you will settle this in the first instance without further surveyor involvement. If you dispute the damages the surveyor will produce a Further Party Wall Award to clarify what needs making good or in some cases, the level of compensation. If you still dispute this, you will have to appeal the Award within 14 days. Appealing can be lengthy and expensive.

To note, the weight of the new loft conversion can cause cracking in your neighbours house, so don't assume that you 100% know you haven't caused any damage.

Hopefully the surveyor will let you know soon and you can rectify any issues and move on with your lives. It can be an extremely stressful time and unreasonable neighbours just add to this. You never know what's going on in her life, give her the benefit of the doubt for the sake of neighbourly relations and look forward to enjoying your new home once this is all behind you.

@TinySaltLick yes, and I’m pretty sure it was the surveyor I saw taking photos. And yes, she’ll be able to tell from her before/after photos. However - I wouldn’t put it past our neighbour to invent something, or ‘create’ a problem.

[quote Emergency73]@PiglingBlonde I’m only going to bring it up potentially if she - through her surveyor - claims we’ve damaged it. We just haven’t!! There is no possible way!

If the 4 years have passed, but it’s draining onto our property and causing issues for us? Blocking our light?[/quote]
But didn't you buy the property in this state? Under what ruling would you try and force someone else to undertake work to change their property based on something you have since decided you don't like?

Sounds annoying but it was for the previous owner to object at the time, or you not to buy. The works you have don't have a process in place to confirm or deny damage to theirs - which sounds like it is about to conclude.

Remember the surveyor will be independent and whilst recording the state of their building, aren't going to be biased into claiming damage unfairly.

YABU to moan about aspects of neighbour's conservatory (e.g. size, blocking your light) as it was there when you viewed the house, bought it and moved in.

[quote Emergency73]@TinySaltLick yes, and I’m pretty sure it was the surveyor I saw taking photos. And yes, she’ll be able to tell from her before/after photos. However - I wouldn’t put it past our neighbour to invent something, or ‘create’ a problem.[/quote]
No problem then. Either the surveyor report will show damage or it won't. She can't invent problems the surveyor will determine that. If she claims damage you can verify through the report and take it from there.

It sounds like a pretty standard piece of work so there is probably nothing to worry about