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Next door are disputing the party wall agreement! Argh!!

12 replies

VaccineMcQueen · 14/05/2021 17:06

Starting a small extension in July that was originally meant to be done last year but got out off for obvious reasons. Next door know all about it and know it is to replace the dodgy, leaking conservatory. We popped a party wall agreement in last week just as a formality and have just had a letter from a surveyor saying they want to see all of our plans (they are on the planning portal and have been sent to next door already), want to see all the building regs schedule and want a full survey on their house, at our expense. I know they are within their rights to ask for it etc but I'm just a bit taken aback! I popped over for a chat when I opened the letter and she was really off with me when she is normally so chatty. Couldn't get rid of me quick enough saying I needed to speak to the husband.

I don't get it. Why are they being weird? It's just a permitted development extension, not the Taj Mahal! I'd rather than bother with the upheaval but the conservatory is absolutely passed it's best.
I know this is property but AIBU?

OP posts:
Nightmanagerfan · 14/05/2021 17:07

I think YABU, sorry. They’re within their rights to ensure there’s no damage or lasting impact to their property so you’ll just have to suck it up.

Seeline · 14/05/2021 17:14

See it as extra protection for you too. They can't go claiming you need to repair years-old cracks in their walls if it's all been documented before you start.

NewIdeasToday · 14/05/2021 17:18

As annoying as this might be, they aren’t disputing the party wall agreement. They are exercising their rights within this legislation. So you’ll have to work with them. At least you’ve got a few weeks to get this resolved before the scheduled date for works.

VanGoghsDog · 14/05/2021 17:19

as a formality

You mean "because it's a legal requirement"?

VaccineMcQueen · 14/05/2021 17:20

Ok,fair enough. Just felt like a bit of a kick in the gut with them not warning us etc. I will ring the surveyor on Monday Sad

OP posts:
pws1 · 14/05/2021 17:27

It's very normal for people to do this. Have a chat with the surveyor, if they seem reasonable, ask if you can use them too, and take the 'Agreed Surveyor' route where they act for both sides. For the scale of the work hopefully the neighbours will agree, and it will save paying two sets of surveyor fees. That would still be a win.

mobear · 14/05/2021 17:28

We were recently served with a party wall notice, days after we bought a new house (although we were aware it was coming). Obviously as we haven't even moved in yet I wanted to be as friendly and reasonable as possible, but I did ask for a survey, to protect both of us. It didn't even occur to me this might be considered a contentious thing to do. I would try not to read too much into it and see how things go.

titchy · 14/05/2021 17:37

I informed my neighbours years ago of our building work. They were fine for weeks. Until the Friday before work was due to start on the Monday.... Angry

I managed to get one hand delivered to them on Saturday afternoon though and had an email Sunday that they were happy for work start Grin

samosamo · 14/05/2021 17:43

This is so interesting. My neighbours sent a pwa. Less than a week later they started work anyway.

Once they had the surveyor they had instructed said they could no longer work on it.

My only options then were to seek an injunction from the court (though I couldn't as work was on their property / land) OR wait to see if they're was any damage and then make a claim.

So this whole PWA thing is pointless.

They did cause damage (£9k worth). I paid a solicitor £5k to try to resolve. Neighbours saying all sorts ( we want to choose the builder who'll do the repairs, must be done by this deadline, use these inferior materials nothing like the quality original they destroyed, "must not cause damage to our property or we'll sue" (FLIPPING CHEEEEEEEK!!!!). Now I'm just going to small claims. My solicitor says I might get nothing to all of it.

So I don't know wgat to say about this pwa stuff. It seems to have no real teeth. You really could just go ahead OP (I'm not saying you should). I wouldn't have balls, but people do....

A farce. A farce.

user1473878824 · 14/05/2021 22:03

YAB SO U. The party wall award is to protect their property, and your rights. What happens if your work damages their property and apart from a back of a fag packet “agreement” you’ve worked out means they are liable to fix your damage?

UpTheJunktion · 14/05/2021 22:41

We popped a party wall agreement in last week just as a formality

Err, you didn’t warn them! You don’t’pop’ in a PWA just as a ‘formality’. You should have approached them, acknowledged the legal and practical need for a PWA, explained that it would be at your expense, and asked if they were happy for the same surveyor to do theirs and yours or if they wanted a separate one.

YABVU. She is probably feeling aggrieved and as if you are trying to get it done without due process.

friendlycat · 15/05/2021 00:16

I agree you don’t just “pop a party wall agreement in” as a formality. It’s all part of the due process. I’m not surprised your neighbour was rather off with you.

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