Building a new house right next to mine - Help!

[Bearcrumble]

Just got a very unwelcome letter regarding building a house right up against ours. Not entirely unexpected as planning permission was granted a year ago.

It says that they are going to excavate and build within 3 metres of our home in a month's time.

Apparently we have some options.

1. Consent to the work and get a schedule of condition prepared on our house to confirm condition before work commences which will act as a record of condition and will be checked upon completion of the new build to ensure that no damage has occurred.

1. We could dissent to the works and appoint a surveyor in accordance with the party wall act 1996. The surveyor could be the guy who wrote this letter to us who will promise to act impartially (yeah, right) or a surveyor of our own choice. We have to pay the surveyor's fees.

Our house has shallow, early Victorian foundations and has recently had subsidence and we had repairs done last year paid for from our insurance to fix the subsidence damage.

I feel really very anxious and I would appreciate any advice. Thanks in advance.

get on to your insurers for advice right away.

You do not have to pay the surveyor's fees. Why should you have to pick up professional fees as you gain no benefit from their house build at all. If you wanted to appoint your own, it is more likely you would have to pick up the tab, but I would go with number 2 but ask them to pay for your surveyor.

As it is in accordance with the Party Wall Act, they will need an agreement so I think you need to set out your own terms and not be bullied.

A dispute is the last thing they will want at this stage as your dissent will hold up their plans. Another issue is I think they may be required to give more notice than this under the Party Wall Act.

I am not an expert I hasten to add and perhaps someone with the necessary expertise will be along.

I think you can dissent and then appoint a part wall surveyor of your own choosing, which they have to pay for. I would check online. We went through this 18 months ago. This should cover you in case anything including and especially subsidence occurs as a result.

I got 4 letters like that from different surveyors (touting for business) when next door got planning permission to build a massive extension. None of them were in any way connected to the team doing the building work next door at all.

Verify the veracity of the letter before you proceed.

Sympathies to you. When our next door neighbour sought planning permission to build right alongside us although not touching, we received lots of speculative letters from companies offering party wall services so as previous poster said check that your letter is what it appears to be. Second I am sure like others have said that you do not have to pay for a surveyor, it is a cost that your neighbour doing the build will have to find. I would also say take loads of photos (date and time stamped) now showing how the walls look currently and then repeat during the course of the works.
Re advice above to contact insurer, is that correct, since the neighbour will have to pay for any damage done to your property.
Last thing, I would ensure your neighbour knows that you know your rights under party wall act, and that you are all over it, so they don't think you're a soft touch. Maybe out something in writing to this effect. Good luck xx

Ps search online to find a summary of the party wall act which will help you know your rights (or hopefully someone else will be along who knows it)

Here is some info on party wall act - hope it works:

www.gov.uk/government/uploads/system/uploads/attachment_data/file/393927/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

Your neighbour has to pay the fees even if you choose the surveyor.
I don't always recommend appointing one but in the circumstances you describe I think it would protect both parties.