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Original poster

Party Wall Agreement - need help

17 replies

SunflowerLV · 26/02/2015 16:33

Hi,

DP has made a mistake and thought the Party Wall Agreement expired in May when in fact it is in early April. I am panicking now because the loft company is scheduled to come in May and they can't start any earlier.

What is deemed as starting work? Wondering if I could ask the loft company to erect some scaffolding...? I do not want to pay out another £2.3k for the Party Wall Agreement. Grateful for any ideas.

Thanks.

OP posts:

cunningplan101 · 26/02/2015 18:10

Are you sure you're not confusing the two month notice period of the party wall notice, and the party wall agreement? Why does your party wall agreement have an expiration date - how long was the expiration period?

Usually a part wall agreement might specify a date by which the works should be completed, but not a date by which they have to start. It's the party wall notice that specifies a start date, which is two months after the party wall notice is served (but can be earlier if agreed).

cunningplan101 · 26/02/2015 18:16

(Oh and the party wall notice expiration date means you have to start work after that date; not on or before that date)

Original poster

SunflowerLV · 26/02/2015 18:36

Hi Cunningplan101, it says the Party Wall Award is null and void if the works have not commenced within 12 months from the date of the Party Wall Award.

OP posts:

cunningplan101 · 26/02/2015 18:44

Ah, sorry then, ignore what I said above.

Could you speak to your neighbours and ask if they would be happy to extend it by x weeks and then just type out a simple addendum and ask them to sign it? If it's just a matter of 3 weeks, I can't imagine they'd mind?

SmellTheGlove · 26/02/2015 19:27

Hi, if you don't mind me asking how did the party wall agreement cost you so much? Was it because your neighbours wanted to appoint a surveyor? I need to get an agreement for a chimney breast removal and am dreading the neighbour wanting to do this. When our neighbours had their loft and then ground floor extension done I just signed it! I haven't met the neighbours yet as new property so don't know how reasonable or not they might be....

ThunderboltKid · 26/02/2015 19:31

This reply has been withdrawn

This has been withdrawn at poster's request

Gobbolinothewitchscat · 26/02/2015 19:32

That is worrying re: cost. We are about to start a loft extension and are getting some plans drawn up mouth architect has said that, if the neighbours want to appoint their own surveyor, anything over £700 would be very unreasonable in respect of fees. Am determined we are not going to be a hostage to fortune regarding this so will only be agreeing to pay reasonable fees

Marmitelover55 · 26/02/2015 19:37

We incurred no cost at all for our party wall agreement. I just downloaded the relevant letters and sent them to neighbour who signed the agreement after a lot of fuss Have just signed his for v similar works. No surveyor involved at any stage

Original poster

SunflowerLV · 26/02/2015 19:58

I live in London so the average cost is around £1k for each neighbour plus VAT. We have an awkward neighbour on the one side and just wanted to avoid them saying we caused this damage or that crack wasn't there before...etc. So just additional protection for us really.

OP posts:

Gobbolinothewitchscat · 26/02/2015 20:22

Thank fuck we are semi-detached and not a terrace.

Thanks for explaining. We're not London so that might make the £700 equate to £1k in London

ChocolatePecanPie · 26/02/2015 20:24

Most neighbours don't require party wall but if they do they can choose their surveyor and you pay.

We were quoted £850 +vat today per side. We are between 2 housing association houses.

Re:OP. Yeah just get scaffolding up and maybe knock a hammer on the wall. :-)

ChocolatePecanPie · 26/02/2015 20:25

I don't mean the don't require it at all. They don't require a formal agreement drawn up..

Original poster

SunflowerLV · 26/02/2015 20:47

Party Wall Surveyors = take a few pictures, write a few paragraphs about the wall and hey presto that £££s thank you very much. Avoid if you can.

Okay, will call the loft company and see if the scaffolding idea will be possible. Fingers crossed.

OP posts:

TwoAndTwoEqualsChaos · 26/02/2015 20:53

Unless it is their own scaffolding, though, the costs can mount-up quite quickly.

Btw, as a person whose neighbours have emphatically NOT gone down the correct route with the Party Wall Act, can I applaud your use of it?!

cunningplan101 · 26/02/2015 21:38

The worst situation is when you're on a street with terraced flats. I have two flats on one side with share of freehold, and two flats plus a separate freeholder on the other side - so I had to serve five different notices! And two of the flats are rented out so that meant tracking down the owners; I had to send one of the notices to Australia!

The sep freeholder is a management company so they pretty much always dissent. Their surveyor is charging £1250 + VAT

mashpot · 26/02/2015 22:01

I am next door to a housing association property so the agreement cost me £1k. Money for nothing!

Good luck with getting the scaffolding up

Original poster

SunflowerLV · 26/02/2015 22:19

I think TwoAndTwoEqualsChaos is right, there may be a cost of erecting the scaffolding early.

I am going to go with what Cunningplan101 suggested and issue an addendum and ask both neighbours to sign. I am dreading having to knock on 'awkward' neighbour's door. They didn't want to sign the last time, they wanted to get their own Surveyor (which would have cost us more), not happy with us doing a loft conversion.....oh dear.

OP posts:

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