Party structure notice just received, what do I need to know?

[Positivelypatient]

Hi, Im wondering if anyone can give any advice on being the receiver of a Party Structure Notice from the neighbouring property to mine.

I've got a consent form to sign but before I do, is there anything in particular I should be querying?

The notice itself had been sent by a Property Mgt company on behalf of the owners and talks about creating two 400x400x150mm deep pockets in the Party Wall to allow steels to be inserted. It doesn't really give any other info so I don't know where in the wall this will be happening. Is this something they should tell me? I'm thinking that I'd need to know so I can check for any damage.

The other thing is the notice was dated 1st April but only posted yesterday (arrived today special delivery) giving me 14 days notice that works will start on 15th April. Clearly that's not ok as I'll have had only 3 days notice.

Should I be telling them I want my 14 days notice or is that not really relevant?

The neighbouring house in question is being turned from a small to large HMO.

I'm a bit caught off guard and don't know anyone with building knowledge (except for my EXH but i wouldn't ask him). This is almost as baffling as taking the car to a garage!!

If you haven't signed, you automatically go into dispute, so they can't just start without your agreement.
If you want more information, ask them for it. If you're not 100% happy, appoint a party wall surveyor to undertake a condition survey before works start. Your neighbour has to pay their fees. You can use a joint surveyor to act for all parties. If the works cause any damage to your property, the surveyor can come back and review then write a report stating that your neighbour must repair the damage.

@wineymummy thank you for explaining, I have been googling about it but wasnt sure about who pays if I'm not 100% happy and want to appoint a surveyor

I'm currently getting my house ready for sale so that's a factor / not that it wouldn't if I was staying put.

That leads me to my next question, if my property has been subject to a Party Structure Notice is that something Id need to declare during the sales process?

It is something you’ll need to declare, apologies

Here’s the link for ease, but it looks dodgy!

prdsitecore93.azureedge.net/-/media/files/topics/property/ta6-specimen-may-2020.pdf?rev=b0c6212edcd1483c8f70a606875608ee&hash=63D7575464B74EDA1AF8E8979DCB0A1F

They can start without your agreement. You'd need to get an injunction to stop them. I speak from experience.

They can't start legally. Not that you can withhold agreement, but it forces you into dispute which requires a surveyor to get involved. No you're not liable for the fees, they must pay. And yes you should declare it but it doesn't need to be a big deal.

@Catfox1 thank you that's very helpful its been a long time since I sold a property!

I think it might be best if I go down the route of appointing a surveyor then if i am going to have to provide details.

Tbh, being that they've given me 3 days notice which is not on, I will dispute until i get more details.

@Rollercoaster1920 oh no sounds very concerning, I wouldn't know where to start with an injunction, hoping it doesn't come to that.

Just one other Q if anyone is about, they've suggested I use a particular surveyor if I do not give consent and want to appoint one. Do you think I'm best off finding my own ... I feel by recommending someone they probably are impartial.

I mean not impartial

Totally get your own party wall surveyor as they will have to pay for it. And tell them you are doing so now as that will stop things happening.

Depends if you want to be cut throat about it. There is no reason not to use a shared surveyor if you can be reasonable. It will cost them twice as much if you get your own, which will probably be a cause of resentment. A joint surveyor should suffice.

It is not cut throat at all to use your own surveyor and when it comes to something as valuable as your property is is completely sensible to ensure you are protecting the value of your investment. The additional cost for the other party will be negligible compared to the amount they are spending on the work.

I'm going to go against the advice here and suggest that you speak with your neighbour about their plans, in the first instance. I'm about to get some works done and so I'm your neighbour.

Yes, you can request a party wall survey, which your neighbour would have to pay for. This is going to cost about £1000.

..... my architect said that in 90% of their cases, most neighbours don't request a party wall survey and it isn't a big deal.

To be honest, I'm going to be pissed off if I have to pay for a party wall survey. I am a considerate neighbour and my builders are too. I would be happy to address any specific concerns you have and your side of the wall wouldn't be damaged. But i would make sure that when you come to sell your home, I'll be just a awkward.

I have to disagree with the previous two OPs. It is perfectly standard to have your own surveyor and it doesn’t mean you are being awkward. Surveyors I have used on both sides of the situation have said they prefer it as it keeps everything cleaner and everyone knows their interests are fully protected. Don’t let the precious PPs emotionally blackmail you here just because they don’t want to pay to protect their neighbours.

We did a huge renovation and I was more than happy to pay for my neighbours’ surveyors and any resulting repair work because that way I knew I was protecting my friendship with both sides. Ten years later we are still good mates which given I put them through a basement being dug is pretty remarkable. And I am sure that having those party wall surveyors really helped.

God I should should proof read better. Previous not precious!! Sorry PPs!

Think it might have been neighbourly to come to you to discuss the impending works and party wall notice.
Just wondering with a Notice who documents and photographs the neighbours house before works start?
Is it worth contacting your house insurance for advice, not sure whether that is relevant.
The fact no-one has visited you to chat about the works or any concerns you have I would follow @WorkingItOutAsIGo, s advice, seems sensible.

Thank you all.... I have been on the phone to a Surveyor who has given me good advice and I have decided to appoint them on my behalf having discussed all the options.

To those that say about a joint surveyor and that it helps to keep things amicable , the other owner is a property company turning a small HMO into a large HMO and they've not so much as said hello since they bought it. So i don't feel inclined to be any thing other than business like in this matter. Also they have given me 2 days of the intended works commencing so that doesn't sound to me like they are being particularly reasonable. I am sure my costs will be a drop in the ocean as to what they will be making on the property when they've carved it up into smaller rooms.

My surveyor said that although the works they've stated aren't particularly concerning, putting in steels most likely relates to more extensive internal work being done which could also impact upon my property.

Im very relieved that a) I don't have to pay for the surveyor and b) I have a professional surveyor to advise me.

I just hope that they will cease works until the surveyor has had time to assess and communicate with the owners. He did war warn me that there is not alot they can do if the works start beforehand other than the injunction route which would be costly. @Rollercoaster1920 was quite correct in that respect!

Thank you for all your advice on here is been really helpful to hear your experiences.

Actually just had the builder round from next door to check drains so i had a chance to find out a bit more about what they're doing. I told him that I'd appointed a surveyor and it doesn't sound like they're actually in a position to start work on the party wall yet so that's a bit of a relief. He said the units will be high end finished circa £700pcm which ain't cheap for round here.

@purpledagger yes I agree that a neighbourly approach would be best but alas they haven't contacted me at all and are in fact a Property company and not Janet & Bob from next door

@WorkingItOutAsIGo thank you I think you are correct, it's absolutely essential to protects ones own interests. No one else is going to do it for me are they!

Do you have legal cover on your home insurance? Check now so you have some peace of mind if that is needed.
I feel the PWA and surveyors are too pro development. Especially over providing access for stuff built to the boundary line.

@Rollercoaster1920 I don't have it unfortunately.

Well what would you know, turns out the feckers have already done the work on the party wall. Upshot is that my surveyor is going to act for both parties and do a retrospective award notice so that I am covered. The slightly good news is that he believes the works were minor and to the chimney breast so not actually to the actual wall.
Honestly, property developers do deserve the bad name they get sometimes.

This one or the letting agent that are acting for them in this development were obviously just expecting me to sign the consent form without querying it.

It's not ideal but its as much as i can hope for now given the works been done.

They have behaved disgracefully. I was going to say keep the envelope to prove the lack of notice (I hope you have) and to get your own surveyor as they didn't look like they were going to be trustworthy. Deliberately sending the notice out later than the date and telling you they would do the work on date only two weeks later was just riding roughshod over the rules. Please be sure to discuss the law with your surveyor before they get started. I think the latest thinking is that retrospective awards are invalid. You should be considering legal advice. Anyone who has done the work this way may be trying to avoid scrutiny.