Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Flip

Original poster

Part Wall Act Agreemnet - quick question ..

24 replies

CaptainUnderpants · 19/02/2008 18:35

Am I right in thinking that once a part wall agreement has been struck it is only valid for 12 months , so you must start building within that time ?

And does 'building' include starting demolition ? and can demolition begin before party wall act is agreed ?

Athe moment starting to get quotes from building and ideas of waiting times for possible start date so I can tie in with getting Party wall act sorted with neighbours from hell !

OP posts:

Original poster

CaptainUnderpants · 19/02/2008 18:35

Perhaps not so much of a quick question

OP posts:

donbean · 19/02/2008 18:37

do you needa party wall agreement?
what you having done?

Original poster

CaptainUnderpants · 19/02/2008 18:41

yes we will need a party wall agreement as we are building very close to boundary of neighbour from hell !

OP posts:

donbean · 19/02/2008 18:46

oooh good luck!!!

you will need to access your local authority building dept and find out what the agreement is for them.

do you think that you may have to start the ball rolling with the hellish neighbours now in order to get their compliance?

i could be wrong but i think that the party wall only states that any damage to the neighbours property during work will be put right by your selves.

Original poster

CaptainUnderpants · 19/02/2008 18:58

My thought is that we will have to get the ball rolling NOW with the party wall act because the neighbours , I have a feeling , will draw this out , instruct their own surveyors , which we will have to pay for etc etc .

Having spoken to a couple of builder waiting time is 3 to 6months .

we will be instructing someone to do the pary wall agreemnet , just trying to get my head round it now to make a list of things to do tomorrow !

OP posts:

donbean · 19/02/2008 19:02

give neighbours the paper work, to read over then leave it a few weeks.

why on earth would you have to pay for a surveyer for them????????????????????

Original poster

CaptainUnderpants · 19/02/2008 19:12

Pay for a surveyor for them - I believe that what the party wall act states , that if they do not agree with the surveyor that we instruct ( and he is techically not acting for us but under the Party Wall Act) then they can appoint their own surveyor whcih we have to pay for.

Party Wall is a complete nightmare !

OP posts:

brimfull · 19/02/2008 19:31

WE HAD NEIGHBOURS FROM HELL-oops sorry about the caps

It was a fucking nightmare.

I can't remember how long the agreement is valid for ,but I would imagine that the photos etc that have to be taken should be done before the demolition takes place.Therefore the surveyor will need to start asap.

And yes you do have to pay for their surveyor as well if they don't agree to abide by your chosen one,which if they are bastards like ours were they won't.

Lawrene8 · 19/02/2008 19:33

If you look at this wbsite www.planningportal.gov.uk it should have some useful advice about this.

Original poster

CaptainUnderpants · 19/02/2008 20:55

ggirl - what did your neighbours do when you served the party wall on them ?

OP posts:

brimfull · 20/02/2008 00:01

sorry I took so long to get back,went out.

Well the neighbours seemed fine about the extension,even offered to lend us their garage for storage and had agreed to allow the scaffolding to be on their property whilst the initial building work was done.All sounding quite amicable non?

Then on the Friday before the work was scheduled to start on the following Monday our builder came round to discuss some things .He said that they'd be taking the fence panel out whilst the work was being done but would erect a boundary thingy.
When we told the neighbours (I assumed they would realise the panel needed to come out)they said they wouldn't agree to that and suddenly didn't want the build to go ahead and would do all they could to stop it

Meanwhile we are being extremely civil and bending over backwards to try and please them.So we had to serve them party wall act which we warned them about and then popped through their letter box.They acted like we were serving them an injunction or something.It seemed to rile them even more even though we'd said that it has to be done officially blabla.

They then proceeded to do everything they could to hamper the build.Everyone from the builders,buiding inspector,architect,surveyor were all shocked at how petty they were being about everything.Building inspector said everyone on the office assumed they would be a really old couple with nothing better to do and were really shocked when they found out they were a young couple.

Then they sold up and moved about 3 months after it was finished.

They weren't your average neighbour though so hopefully yours won't be as much hassle.I would recommend you warn them about the serving the papers though in case that shocks them.

HAve they given you cause to think they'll be trouble?

Original poster

CaptainUnderpants · 20/02/2008 16:13

Hi ggirl

have they given cause to belive they 'll be trouble - well yes !

they fiercely opposed our planning and tried to get other neighbours to object even though we consulted with them and changed plans to accomodate their concerns .

when we got our planning they wrote us a letter stating that we nor contractors have permission to go onto their land to carry out any work etc etc. Whcih is fine they will just look onot a grey breeze block wall if we cant render it etc .

Lasy year they complained about dust on their car from a guy rebuilding our front wall .

So lots to look forward to !

OP posts:

orangina · 20/02/2008 16:16

Would definitely advise getting party wall surveyor on board.... especially if you are worried about stroppy neighbours. They can make your life hell if you don't have everything in place. Have dealt with this before, and as long as everything is done correctly etc, they more or less have to agree to the works, and although they can try to make things as protracted as possible, I think there's a limit, statutory time periods in which documents have to be responded to etc. You will have to pay their surveyors' bill though as well as your own. Will try and dig out helpful link. Where are you based?

LardyMardyDaisyBoo · 20/02/2008 16:17

I work with party wall surveyors (on ML at the mo), and I'm pretty sure that you need to get the agreement in place before you can start demolition.

This booklet explains the basics of it.

hth

orangina · 20/02/2008 16:18

I had just found that booklet LMDB!

Original poster

CaptainUnderpants · 20/02/2008 16:47

Most def getting party wall surveyor on baord to do it all, in fact he is coming round tommorrow !

We must the 'i' and cross the 't' on this , this will come out of the blue for our neighbours as we haven't done much about things since we got permission ( 12 months ) as one thing after another has happened.

Curtains have been twitching this week however as one builder turns up after another for quotes !

I may joke but the whole process has been a nightmare and it will not stop until the day the builders leave and the council have inspected it all .. believe me we are prepared !

OP posts:

brimfull · 20/02/2008 17:14

well at least you're prepared for the worst.

I was glad ours moved after the build but I still see their ugly mugs around town and would still gladly poke them in the eye!

Oh and ours found the most expensive surveyor for miles .

brimfull · 20/02/2008 17:16

btw you'll save a lot of money if you can get them to agree to you both using the same surveyor,which I think is possible.

Have you given them a copy of the party wall act?You can get an easy to read version from the planning department.

Original poster

CaptainUnderpants · 20/02/2008 17:46

They know all too well about the party wall act as they told us that we would have to have one ! Funny as we already knew that Mr Smartarse Neighbour !

We will just add the cost onto the new mortage

'Neighbours, everybody needs good neighbours ... la la la '

OP posts:

LardyMardyDaisyBoo · 20/02/2008 19:46

Where in the world are you captainunderpants? The firm I work for are very good on these things and they often represent both parties.
If you read the letter of the Act, they aren't actually acting for the people involved, but rather the wall/boundary itself

Original poster

CaptainUnderpants · 20/02/2008 20:11

In sunny Surrey

the surveyor that we are going to use has explained that he is acting for the 'act' rather than for us. We are hoping that our neighbour we realise this and therefore not get too soddy and want his own surveyor , but they are really opposed to us building so who knows what they will do !

OP posts:

LardyMardyDaisyBoo · 20/02/2008 20:17

they can't really stop you, as someone else said earlier, and if they don't co-operate.....(I'm pretty sure they get the notification from your surveyor, and if they don't respond after a certain qualifying period, your surveyor will appoint someone on their behalf)

I take it you have Planning permission? That's when arsey neighbours get their say, not at the party wall stage!

LardyMardyDaisyBoo · 20/02/2008 20:17

good luck with it

Original poster

CaptainUnderpants · 20/02/2008 20:30

Oh yes we have got planning permission , much to their annoyance

OP posts:

Flip