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Party wall issues - please help!

7 replies

angelstar0 · 16/11/2013 22:32

My husband and I got an architect to draw some plans for a loft extension and kitchen extension.
Before sending the plans off to the council I spoke to my next door neighbour and showed him all the plans. I explained that although we were going do the work through permitted development and sending both applications to the council together, that we would initially only be doing the loft. The following week I visited him and gave him a DIY party wall agreement. I explained all I knew about them to him and said although he has the right to a surveyor, if he was happy, we could take before and after photos instead of paying the costs for a surveyor.
I also stated in the agreement that if he was happy, could we start on an earlier date. 13 days later he signed the agreement and put it though the door.

The architect delayed in sending the application off to the council so we didn't end up starting when we wanted to. Bottom line is, we are expecting the lawful development certificate in the next couple of weeks however this morning we have received a letter from a party wall company for the rear extension AND the loft. I'm about annoyed as I though he would have been nice enough to approach us first however it's his right so I guess that's that. I am really annoyed that it has delayed us now as I purposely sorted the party wall agreement so we didn't get delays. I understand him approaching a surveyor over the back extension but he already signed the one for the loft. Where does this leave us, obviously this is now going to delay us further now but can we go ahead with the signed party wall agreement we already have for the loft?
PLEASE HELP!

OP posts:
lalalonglegs · 16/11/2013 22:50

i don't know if the council publishes applications for lawful development but, if so, your neighbour was probably approached by firms touting for business and (possibly) using scare tactics to encourage him to sign up.

If he has already agreed - and signed - to your doing the loft then I don't think he can stop you starting on that and, as you don't want to begin the other extension until later, I don't understand why you are worried about it causing a delay. Why not ask him whether he would be prepared for you to start on the loft, as agreed, but say that you appreciate that he would want a surveyor for the extension and you will set that up nearer the time?

To be honest, I don't blame people for wanting to get a surveyor involved - he doesn't know how well you intend to build either extension and why shouldn't he try to protect his home against the possibility of shoddy workmanship and potential damage?

MummytoMog · 16/11/2013 23:53

Are you sure it's from him? Go round and have a word, we got loads of spurious letters following our application for planning permission and the publication of the building notice notice. None of them were actually our neighbour. And they got loads too.

I particularly enjoyed the quotes we got from builders, coming in about thirty grand over our actual builders.

Elansofar · 17/11/2013 10:19

Have a read of this it might help. Party walls are not rocket science. There is a time frame and procedure to follow and it might be you are being contacted by hopeful party wall consultants who peruse planning applications and tout for business. www.rics.org/uk/knowledge/more-services/consumer-guides/party-walls-guide/
Also check out the RICS bookshop there's a good, detailed guide 'party walls legislation and procedure' for £40 cheap for peace of mind and to inform your next steps. Hope this helps

angelstar0 · 17/11/2013 10:51

Hi, thanks for all the advice. I was planning to go and sort it out with him but I just wondered if anyone knew, before I spoke to him, if a neighbour can decided they want a surveyor after they have already signed a partywall agreement?

OP posts:
Elansofar · 17/11/2013 13:24

Unless you have changed the spec or not stuck with formal time table or procedure then it's most likely too late for your neighbour to change Mind. Devil is in the detail so check check check before you formally dismiss the approach as too late.

nicelyneurotic · 17/11/2013 14:22

Hi

Just to say you can call the rcis for free advice from a party wall surveyor. They will know the process if a diy award has been signed and can advise you.

We didn't get a full (surveyor) award when we did our conversion and looking back I wish we had. Might have avoided all sorts of problems. Even though you have good intentions, if your builder makes an error things can get very complicated. Good luck.

angelstar0 · 17/11/2013 20:50

Thank you all for the advice.

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