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Original poster

PARTY WALL AGREEMENTS - WHAT ARE MY RIGHTS?

18 replies

willow2 · 07/10/2006 13:04

New neighbours have just informed us they want to convert their loft and that we need to sign a party wall agreement. What should we be considering before doing so? We live in a turn of the century terrace and, over past few months, have noticed an increased number of cracks in walls in various places that have been worrying me. Indeed, when they had their house surveyed, their surveyor wanted to check our side because of a crack on their side - which fortunately it didn't seem to be through to us. My best friend is a surveyor so was going to ask his opinion next time he came over - but this conversion now forces the issue.

My concern is that this terrace - which we know has pretty rubbish foundations - just can't take the few loft conversions that have happened over the past few years. I know that several neighbours have noticed cracks in their properties, so it's not an isolated problem. These may well be nothing to worry about at all - but what rights do I have about making sure that there is nothing to worry about/covering ourselves against any subsequent damage, before letting them have the go ahead?

OP posts:

ZIHU · 07/10/2006 13:38

An independent party wall surveyor & solicitor should advise you independently and unless you are doing the same work I think they have to pay for it! Sounds like you might need the crack your side checked! If you know the foundations are no good a structural engineer should be confirming loft conversion can happen.

twickersmum · 07/10/2006 13:39

you need to instruct a party wall surveyor who will do a full survey of the party wall before the work starts and when it is completed. Your neighbours will have to pay ENTIRELY for this. It is in their interests for you to have this done too, so that in years to come there can be no dispute that work done by them has caused damage.
Contact your council for details of some party wall surveyors (there are loads, they usually keep an eye on the planning permission lists and contact the neighbours to drum up work) .
The other thing to make sure they do is agree hours of building work. I think by law it is 8am - 5pm monday-friday and 8am - 1pm on saturday. no building work creating noise is allowed on sundays or bank holidays if it is not DIY.

Good Luck!

LIZS · 07/10/2006 13:45

have they actually got Planning Permission yet ? I suppose there could be benefits to them doing theirs if it provides insulation , repairs cracks etc but agree they should fund any preliminary survey work. You would be being helpful by giving them access to your side and they may need you to sign the Party Wall agreement to go ahead. Some info here

cece · 07/10/2006 14:04

You have to reply to their letter within 14 days i think. you can either agree to it or have an independent surveyor acting for you that they pay for. the council will have a leaflet that explains it all.

Original poster

willow2 · 07/10/2006 16:57

Thanks ever so much.

OP posts:

figroll · 08/10/2006 17:20

Our neighbours have converted their loft without asking us at all. They said (about 6-8 months down the line) that it was to be used for storage, but it isn't because they have beds up there. We too live in an old house and I worry about the foundations. Is this legal?

giraffeski · 08/10/2006 17:34

Message withdrawn

figroll · 08/10/2006 20:51

I can see them reflected in the skylight when the light was going during the summer evenings. It was easy to see them with the kids bouncing about on them.

cece · 08/10/2006 20:54

No if they didn't get a party wall agreement then it is not legal.

figroll · 08/10/2006 20:58

I thought it was a bit dodgy. I think we are supposed to be "neighbourly" and not say anything, but actually it has annoyed me a bit. It is a difficult situation, because they would know it was me if I reported them to whoever I would need to report them to. The council I expect?

Sorry, Willow2, I have taken over your thread!

cece · 08/10/2006 21:07

OUr old neighbours had this. They contacted the council who came around to inspect. They had to get retrospective party wall agreement and council permissions. It was all a bit dodgy and they fell out about it. Think it all went to solicitors in the end... But they had caused damage to my neighbours house by their building work.

figroll · 08/10/2006 21:12

Thanks for this, I am not happy about it, but we need to consider carefully I think. We have already fallen out with them over their inconsiderate parking which often blocks our drive - pain in the neck neighbours really. Anyway, thanks for your replies!

hub2dee · 08/10/2006 21:41

If other houses in the terrace are showing cracks, the houses are probably experiencing subsidence; this is obviously a very separate situation to the loft conversion IYSWIM...

LIZS · 09/10/2006 12:52

If they've done it recently then it needs buidling regs and/or planning permission. Have a search on your council's website to see if they did so as many now have Planning Applications etc online. However had they required PP the Council ought to have written to you offering a chance to object.

Tinker · 09/10/2006 13:22

Didn't know this. Our lovely neighbours have converted their loft and have beds in there. Should they have told us about it?

lyla · 09/10/2006 14:01

we are having our loft converted next year. we do not need planning permission unless we have a dormer window (we are having 2 veluxes), we just need to show our neighbours the plans and let them know when the building is to start, if they have any objections they need to put these in writing within 14 days. i have been told that a loft conversion will not have any impact on a neighbouring house (ie cracks).

cece · 10/10/2006 17:30

lyla we did ours under permitted development. We got a lot of cracks in our house on the 1st floor by the ceiling. Not sure about our neighbours though as it was empty at the time. (we got part wall permission and then the old man died - work was done between residents) But no one has ever complained!

Carameli · 12/10/2006 12:30

hi Willow2, we have just gone through similar things with a ground floor kitchen extension that our neighbours are currently building.
As others have said here we instructed a party wall surveyor. They came and checked the proposed work and then made a extremely detailed survey of every single crack on our side. After the work is finished they will come back again to check the cracks to see if they have got any worse or if anything has happened.
As ours was on the ground they also had to instruct an engineer to check the work being done to the foundations.

Basically you get a party wall award which is a doc that will stay with the property deeds to say that the work has been done with detailed plans and information on this. It just means that if anything happened in the future that could be put down to work done by your neighbours then they would be liable for repair costs.

By the way my parents are currently having a loft extension done and their neighbours have instructed party wall surveyors.
I think it just gives security for the future to be honest. You will not have to pay anything at all.

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