Advice please re party wall notice

[palacegirl77]

Hi
Any advice would be very welcome as I have no idea about the logistics of this. So our neightbours (adjoining property, semi-detached) have had planning permission granted for a single storey extension to the rear of their property (full width). It was rejected initially as we are set below them so would deemed overbearing but of course now the 3m permitted planning exists theyve had it agreed based on 3m (as opposed to 3.2 metres so it will still impede our light but hey ho).

Theyve told us that they need to give is a party wall 'letter'. Theyve described this as just a note with with plans on (which weve already seen). Im trying to find out if this is in fact a party wall notice? Our property is leasehold so would they need to also give this to our landlord?

Any advice on what we should do when we get it - apparently you have to reply within 14 days if in agreement but im finding mixed advice online suggesting we shouldnt agree so that we get a surveyor involved? Is that right?

We get on with our neighbours and although its annoying we do want to keep the peach, however we also dont want to have to risk any damage to our property etc. Not sure what to do?

Any advice gratefully received.

The ‘letter’ will be the notice of them invoking the Party Wall Act. You will have 14 days to respond. I believe the freeholder will also have to respond. You will get three options - 1) agree to the work flat out. 2) Appoint a shared surveyor - you will have the same Party Wall Surveyor as your neighbour. This saves them money. 3) Appoint an independent surveyor at your neighbours cost. This is the most impartial way but costs your neighbour more as they pay two companies. It’s entirely your choice which option you choose. Party Wall Surveyors work on behalf of ‘the Act’, not the neighbour, so even if you have a shared surveyor (2) they will still have to ensure that the Act is adhered to.

If you are concerned about damage, I’d suggest not going with option 1. I say this as someone on the other end of the situation (the neighbour in this scenario). Having a surveyor appointed will protect you and them and ensure everything is fair.

The surveyor will do a survey of your property usually including pictures, and once the work is complete they should return to do a second survey and assess if there is any damage. Your neighbours will then have to rectify any damage that is directly linked to their extension.

As the pp said, it would be best to appoint a party wall surveyor - your neighbour has to pay for this.

Please do not agree to doing it without having a party wall surveyor.

We've just agreed party wall notices with our neighbours. One asked that, as a condition of signing the notice, we got our surveyor to do a condition survey on their property. That's usually something that's done when you get to dispute but if you wanted to keep your neighbours onside and protect yourself it might be a helpful middle ground. It cost £350 which we were happy to pay.

Your freeholder will also have to sign so might be worth talking to them first so you're on the same page (if your freeholder is going to take it to dispute then you might want to hide behind him/her!).

Its worth reading the booklet on party wall agreements published on GOV.UK as it will give you insight into what your rights are / how much you can influence the build.

Thanks so much for the advice!

you don't have to pay for the surveyor they do & I think you can ask for a different surveyor for you?
check where there foundations will go (they may spread out to your side away from the structure/fence) we had a drain right next to our fence so they were told by planning (!!)they couldn't go right up to fence

If you're on a standard 6/12 month AST you will not be entitled to Notices under the PW Act, it might be the Freeholder only. If your lease has over 12 months unexpired term then you would be eligible to receive a Notice.

Given any damage might get flagged at the end of your lease I would let the landlord know and raise the concern they appoint a surveyor in some form, to protect your own interests.

@pws1

If you're on a standard 6/12 month AST you will not be entitled to Notices under the PW Act, it might be the Freeholder only. If your lease has over 12 months unexpired term then you would be eligible to receive a Notice.

Given any damage might get flagged at the end of your lease I would let the landlord know and raise the concern they appoint a surveyor in some form, to protect your own interests.

Sorry, just to clarify, we OWN the house, the lease is in relation to being leasehold, not freehold (there are 995 years left on it).

You were perfectly clear OP. I agree with @dogsanddrums. I used to own a flat with share of freehold and the neighbour had to have a party wall agreement with both the leaseholders and freeholder. So we had 3 lots of paperwork for 2 flats. They should let your freeholder know, but I would flag it just in case.

Sorry, technically our flat wasn't share of freehold. It was complicated. The freeholder was the building of which both owners were directors. Hope that clarifies.

@palacegirl77 understood! So yes you should get the Notices. They should set out the response options but it isn't the case it's just 14 days and they crack on. If you don't reply they have to write again with another ten days to give you a chance to reply, so you should have time to talk to people and get advice. There are minimum periods anyway that stop them starting relevant boundary works immediately, so whatever they say you should not get steamrollered.

I'd add that if you get a letter, pass it on to your preferred surveyor before responding directly. Some of them can be misleading, some Notices are written like chummy letters or are accompanied by forms which it looks like you need to fill in - talk it through with your intended surveyor first.

Sorry to sound daft then but we have to appoint a surveyor ourselves just when we get the letter? I'd definitely prefer someone impartial to be overseeing things but it does sound like a faff and paperwork for us which is annoying (but I take it advisable?) Thanks again

Have a look at this explanatory booklet - www.gov.uk/guidance/party-wall-etc-act-1996-guidance

You don't have to appoint a surveyor - as the booklet explains you can either have an agreed surveyor (one you both share) or each appoint your own. If the two of them don't agree then a third needs to be appointed.

Paragraph 33 on page 24 explains what you need to do if you receive a party wall notice.

It shouldn't be a faff for you - the surveyor (or two surveyors) deal with the paperwork, but they listen to you, your concerns, specific issues around access and so on and adjust the documentation accordingly (e.g. for this - security issues, amount of time they need access on the boundary etc.).

When you get the notice you can either agree to the works or dissent.

“Dissent” is a misleading word, it doesn’t mean you can stop or alter the work, just that you get it overseen by a surveyor who checks for any damage.

If you dissent then you can either agree to share your neighbour’s surveyor jointly, or appoint your own as well. Either way, the neighbours pay all surveyor fees including yours.

Obviously your neighbour will be hoping you don’t want your own surveyor as it bumps up their costs. But it’s perfectly normal and legal to choose that option.

If you want to appoint your own surveyor, ask locally (or on MN!) for recommendations. Don’t use the surveyor firms who send you unsolicited letters offering their services - they tend to be cowboys.

PS they are not supposed to start work until 2 months from the date of their notice