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Party wall advice

7 replies

partywalladvice · 21/03/2021 13:31

NC as this is very specific and outing.

We are coming towards the end of an extension and renovation and I wanted some advice regarding party wall. Our house is semi-detached and we had party wall agreement in place prior to initiating work. Our adjoining neighbour instructed his own surveyor which we paid for as per guidelines.

This neighbour is being particularly difficult over insignificant matters, most of which are not even in the scope of our project. He has had a number of minor complaints which he allegedly reported to the council enforcement - we were not concerned by this as we have built exactly as per our approved plans. We did not hear from council for almost 3 months (we strongly suspect he didn't actually contact them) and in that time, he then approached us to request we resolve it between ourselves (something we had requested to do from the outset). The outcome of this was that we have a written agreement in place in respect to his minor complaints. We have made sure we stick to our part of this agreement but he subsequently requested to add in an additional clause which we declined (we have already been far more accommodating than we needed to me to his request in the original agreement)

He approached us about apparent changes to floorboards and wall, stating this is something we need to rectify under party wall. We have visited with our builder and read the original surveyor's report to ascertain what he was asking for. With regards to his request - there is one thing that we would certainly be responsible for (and we had already planned to rectify anyway) - the other issues are loud floorboards - nothing we have done could have caused his floorboards to creak. We have not touched the joists on the first floor of our house and this is where he is claiming the changes have occurred. To avoid expensive surveyor fees, we are happy for our builder to rectify this - it would cost less than the call out and we would prefer to maintain relations as much as we can. However, he is now trying to use the previous issue where he wants to add in an additional clause as leverage. His current stance is that if we agree to it, he will allow us to resolve party wall informally, otherwise he wants to get surveyors involved.

Is anyone aware if there is something we can issue that makes him liable to surveyor costs in light of the fact that he is complaining about issues that we are certain have not been caused by us. He essentially wants everything his way and is trying to use the surveyor cost as leverage to get his way.

(I am trying to be a little bit vague but his request that he is using as leverage involves him making permanent alterations to our property which sits on our land because he would prefer it looked a different way despite him agreeing to the item in writing before we purchased it)

OP posts:
PeterPomegranate · 21/03/2021 19:14

No professional experience but quite honestly he sounds like the kind of person who will never be satisfied and will continue to push his luck. You’ve compromised before and now he’s asking for more. Maybe it’s time to draw a line in the sand? Can your party wall surveyor give you any advice?

partywalladvice · 21/03/2021 19:57

Sadly that is exactly our experience so far @PeterPomegranate. So far it has literally been a case of give an inch, take a mile.
I'm trying really hard to have some empathy as no doubt our work has been disruptive, noisy and dusty and very difficult to live through but I am also losing patience as the requests get bigger and more unreasonable each time.

Sadly our surveyors haven't been great - the person who drew up the award has since left the firm and the only advice we've had since after chasing was to try resolve between ourselves. Resolving amicably was our priority from the outset as we will be living alongside them for years to come but he regularly goes back on his word and I honestly feel that even if we were to meet this request, he will likely go an put in a party wall claim for something else in a month's time costing us surveyor fees anyway.

Architect mentioned there may be notices in some cases which can be issued and ultimately mean that if no damage found, neighbour is responsible for all surveyor costs. Can't find any info on this online and our surveyor hasn't been forthcoming. Was hopeful someone on here may be able to advise

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Dogsanddrums · 21/03/2021 21:48

It sounds like you have already had a PWA agreement drawn up with this neighbour. If so, in my recent experience, the cost of the surveyor returning after works are complete to assess any damage to adjoining properties is included in the cost of the Award. We told them we had finished work, the surveyor visited the neighbouring properties (3, in our case!), produced a report showing the ‘after’ state (ie if there was any damage) and then sent us the report. They compared the ‘before’ and ‘after’ report and pictures and advised if there was anything we needed to rectify. If your PWA is a similar setup re: payment, he shouldn’t have anything to use as leverage?

partywalladvice · 22/03/2021 08:46

Thanks @Dogsanddrums that's really useful to know. I didn't think there was a final visit, haven't seen it anywhere in the award but will ask the surveyor about this to clarify.

I'm really hoping there is, can put to bed the ridiculous request for creaking floorboard and the single crack he wants us to repair that was detailed in the original report as preexisting damage as well as us no longer being held ransom for his every increasing demands

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Dogsanddrums · 22/03/2021 13:00

It wasn’t mentioned in our actual award document, but I called them and said we have finished work, what now? And they sent someone over! I suspect it may he ‘don’t ask don’t get’ with some companies...

partywalladvice · 01/04/2021 10:14

Thanks so much for your advice @Dogsanddrums. After lots of chasing and phone calls, we discovered their surveyor has a visit at the end of work to assess damage and this was included in the original fees.

Neighbour's face was priceless when we informed them we will stick to this and naturally they attempted to convince us not to use the service 'to save us money'. We politely told them we have already paid for survey, better to have independent set of eyes.

We will complete repair work exactly as surveyor instructs (so they can lose out on us fixing their floorboards and some pre-existing cracks which we otherwise would have done as gesture of goodwill).

OP posts:
Dogsanddrums · 01/04/2021 12:42

Excellent, so glad to have helped! :)

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