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?

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

Off track but the son clearly didn’t miss his elderly mum for a whole year. Nephew probably had to sell to pay for the care home fees, they couldn’t just pocket the cash. Doesn’t sound dodgy to me really, the son sounds the only rotter.

Don't fall out with a direct neighbour unless you really have to. And from what you have said you probably don't have to fall out here.
People are over invested in their 'castle' and get over protective.
People get away with cheating planning laws because it is too expensive to legally challenge them.
Wait to see the surveyors report.
And if it has claims then you can get someone in to fix anything, and have some control on what it costs.
You will see this person regularly for the rest of the time you live there. Do you really want constant oneupmanship and complaints?

For built development, planning enforcement cannot be taken if the structure has been in place for more than 4 years in England.

The conservatory would need to be assessed against the regulations controlling permitted development that were in place when it was constructed - again, depending on its age, those may have been different.

I think you are being a bit unreasonable. You've moved in recently and undertake building works that may have had an impact on the neighbours property. It is understandable that they will want to protect their investment. If damage has occurred it is your responsibility to sort it out. However, you are right to only agree to anything identified by the independent surveyor, not just general moans from the neighbour.

If the conservatory was there when you bought the property then I don't think you can object to its existence. You can object to the way she looks after it inc spraying water onto your house.
I don't think she's entirely unreasonable to make sure that your extension hasn't done any damage to her property - that's the whole point of party wall agreements.

Why do you think an independent surveyor would risk their livelihood claiming that your building work had caused damage if it hadn't? The reason for a party wall agreement is that is is quite common for building work in the close proximity to cause damage, and if that has happened then it is your responsibility to put that right. Even if you/your builders have done everything "right", there can sometimes be issues that arise. If you weren't prepared to to make good any damage that your building work caused, you shouldn't have entered into the party wall agreement and shouldn't have done your building work.

With regard to the legalities of the conservatory that has been built for many years, and existed prior to your buying your property, I don't think you can really start making a fuss about it now. Being a conservatory, it was most likely built within permitted development anyway, and even if not, its likely that its beyond the time that enforcement action would be taken. You really shouldn't have bought the property if the conservatory was an issue for you. Regardless if it was built under PD or not, you still have to make good any damage that you cause to it.

Definitely speak to the council about her conservatory.

I'd check with the Council about planning permission for her precious conservatory and if there is none, report it.

Buildings attached to your party wall can damage it.

She sounds like an entitled cow - totally uncaring about your feelings and all about her. I hate people like that.

It reads a little that you’re so pissed off you’re sitting thinking of things you can say as revenge.

If you’ve not damaged the conservatory then there is no need to be worried, and she can’t Invent something, the damage actually has to be present.

It’s ok for her to have it checked out, she is entitled to do this.

Thanks for everyones replies, and they sound entirely reasonable. And I agree I am being somewhat unreasonable - probably due to the worry of wondering what the surveyor will say. I think I’ve generally been calm and reasonable - although I’m kicking myself a bit for my response when she demanded that we clean her conservatory.

The surveyor has been entirely reasonable so far, and although impartial - I think she recognises that we have been accommodating - by changing our plans, paying to protect her conservatory.

I’ve just got to stay calm!

@TinySaltLick is spot-on and I would really take this advice on board OP.

The conservatory may not have required planning permission, or it may have passed the time after which you can complain anyway. Whether or not planning permission was sought your neighbour is still within their rights to take issue with any issues your building work has caused- and The party wall process ensures this is done in a fair way.

The party wall agreement exists to protect your neighbour from any damage or issues caused by your building work. It also protects you from unfair or inaccurate claims.

It will have included an independent surveyor who would have taken detailed survey of your neighbour's home and then will return after the building work is completed to assess whether there has been any damage (or during the work if your neighbour raises major concerns).

It is the decision of this surveyor as to whether any issues have been created by your building work. You can appeal against the decision, but they are a professional who knows what they are doing. And any appeal is on likely to be successful.

10 years ago our house extended their house very close to ours. There was a gap of 10cm between their wall and ours, and their foundations were dug using a piling method.

There was a party wall agreement in place and unfortunately after the independent surveyor had taken a look at my house they noticed serious issues had been created in the wall closest to our neighbour particularly in the loft. This required extensive plans from a structural engineer and building work to resolve. The bill was tens of thousands of pounds. Our neighbours initially objected but this was rejected and they had to pay to make things right (I am on sure if they were able to do this through an insurance claim or not).

I have since moved house but I am aware that they have also had ongoing issues with regards to ensuring that access is granted to the new owners of my old house in order to keep the 10cm gap clear amd maintain their wall. In essence the people who did the building work are now required by law to provide access for their next door neighbours to maintain their wall and clean the gap.

Things were also quite tricky when I tried to sell the house, I had to declare any issues that had occurred and give details to the damage caused the remedial works and any ongoing issues. It was impossible to hide any of this because it was all logged with the council by the surveyor, pass a sworn statement is required.

My suggestion would be (hard as it is), that you are as pleasant as possible to your neighbour because if their biggest concern is cleaning of their conservatory you may have got off lightly.

@freckles20 that’s a great reply - thank you. I really appreciate it.

• next doors conservatory could have been built under permitted consent, however it slightly exceeds 3m - so therefore would need planning permission? Even with permitted consent - plans go online.
• our loft conversion was under permitted consent, but the plans appear online.
• it has been a straightforward job, everything has gone to plan - no piling etc. The party wall was needed for work in the loft space. No party wall work has been done near her conservatory - I think it’s more about perceived dust, and her gutters being blocked by moss.

Depend when conservatory was built. The regulations for PD have changed over the years.

It's unusual for plans to be on the website unless a formal application has been made. That could be an application for full PP, an application for a certificate of Lawfulness (basically confirming that something is PD), or a Prior Notification (something is too big to be PD, but doesn't require full PP subject to eh approval of certain details). Which one of these categories did your application fall?

There might have been an old conservatory or lean to before this one. That might change the need for planning.

I’d be amazed if work on your lift has caused moss on her conservatory! She’s taking the p*ss.

Stop focusing on the conservatory. It’s been there for a while, and it was there when you decided to buy the house. It’s a waste of energy because there’s almost no chance you could get it pulled down. The solicitor is correctly following the party wall process, they are a professional and simply won’t invent problems that aren’t there. If there are problems then it’s your responsibility to make them good. You’re way over thinking it. But no don’t allow her access into your garden for window cleaning or anything like that.

If there is something that concerns you in the report once you've got it, can't you have a word with the surveyor to clarify it? You can have a reasonable conversation without acrimony with the surveyor, when you can't with the neighbour. No point worrying in advance when there may not be anything to worry about once you've seen it.

@Scrabblecrabapple

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

Off track but the son clearly didn’t miss his elderly mum for a whole year. Nephew probably had to sell to pay for the care home fees, they couldn’t just pocket the cash. Doesn’t sound dodgy to me really, the son sounds the only rotter.

That's a bit harsh, you don't know the circumstances. Maybe he'd been in prison for a few years or been in hospital in a coma.

That's a bit harsh, you don't know the circumstances. Maybe he'd been in prison for a few years or been in hospital in a coma

Your first scenario just backs up my theory and the second one is slightly insane. Do you know the chances of waking up even after a few months in a coma are very slim, and even if you do it’s a LONG road to living a normal life if ever.