Party wall notice - AIBU to request it

[idontlikealdi]

Victorian terrace, NDN wants to extend 4m out. NDN other side has already done this way before we moved in, no evidence of a lawful development cert etc. He is a builder and think he did it himself. Since moved out.

If this NDN goes out to 4m we will be completely boxed in. Can't afford to extend at the same time plus also don't want to.

At 3m he asked and we agreed verbally to accept. I asked for a Party Wall Notice to be issued, he didn't have a clue what it was. seems to have no guidance from his architects / builder.

He is now saying 4m and 3.35 height. If he does, I ma going to ask for a RoL survey as well.

We are also locally listed, although there is no change to planning regs it is a consideration.

Anyway, long story short he has refused to issue the Party Wall Notice. He can't can he? It's his obligation?

YABU - let him extend as much as he wants
YANBU - at least get the PWA in place and then deal with planning

Are they planning to extend from your shared wall? If so, then you'll need a written agreement. It doesn't have to be a PWA afaik, just acknowledgement and acceptance of the works.

Got this from a website. We had something similar when we knocked through between our dining room and kitchen, which involved putting a beam into our shared wall with our neighbour. We didn't have a PWA but did get a written agreement via email.

Do you always need a party wall agreement?
No, but you do always need written consent from the households involved.
A party wall agreement is only needed if your neighbour doesn’t give consent, or doesn’t respond to, your notice within 14 days. Only then will you need to go about arranging a party wall agreement, and look into getting surveyors onboard.
This process doesn’t come cheap, so it’s worth buttering up your neighbours and giving them a heads up before you send out your notice.