I’ve posted on here recently - basically, we have a party wall that needs urgent repair as it’s crumbling / structurally unsound. It’s a parapet wall that separates our terraced property from NDN, at roof level. It was previously covered in cement render so the issue was hidden, however we were in the middle of having the render repaired (due to experiencing a leak on our side), which revealed the full extent of the problem.
There are 4 x flats involved as there are upstairs and downstairs flats. Our side is share of freehold, but NDN are leaseholders, and the freehold is owned by a large corporation.
I spoke with various party wall surveyors for advice, and they all recommended we try to get written consent for the works instead of going down the Party Wall Agreement route, as the cost of appointing a surveyor, etc, is better spent on the work itself. The matter is simple - the wall is crumbling and needs rebuilding, and benefits both sides.
However, having spoken to NDN’s freeholder they seem very ‘computer says no’ and are insisting we serve notice, and pay for their surveyor fees, etc.
Until recently I’ve been considering ignoring the Party Wall process and just getting on with the repairs (and paying for them myself - as it would be cheaper than following party wall process), however, I’ve come across some articles which have spooked me - the NDN property owner could apply for an injection to stop the works, and if they’re successful we’d end up having to pay the costs for bringing the matter to court, which could be very high (ie at least £5k, but probably way way more - one example was £50k!).
QUESTION - would an injection apply if we’re literally getting the wall fixed?? Can they really sue us for repairing an unsafe wall, at no cost to them?? We could even arrange a pre-condition report with the NDN leaseholders, and not have to involve the freeholders, but I just don’t know if there’s still a risk of comeback from the owners further down the line.
This whole thing has been a bloody nightmare - all I’ve heard is constant complaints from all neighbours (with zero attempt to help resolve things), and I’m stuck in the middle trying to corral everyone and stay calm. So close to losing it!