Broaching forthcoming extension with neighbours

[PizzaPatel]

Hi all!

i just posted this on another thread but it’s probably better that I start my own in hindsight.

I need to serve party wall notice to my neighbours for a side return extension up to the boundary.

how do I start? I’ve been advised to talk to them before I send the formal notice - any advice how to broach it? I don’t know them very well (the more affected side in particular).

secondly on the other side is a resident freeholder in one flat and a non resident leaseholder in the other. Who has the right to give the party wall permission?

thirdly should I attempt to put the notice together myself or is it so complex that I should hire a party wall pro?

is there anything you can advise that will make it more likely that they will consent to the works? They’ve recently completed an extension themselves (the more affected family) but I wasn’t living here when they served notice or started.

thanks in advance!

I spoke to both immediate neighbours in a very casual way to let them know that we were planning an extension. They both appreciated the heads up, however I did already have good relationships with both.

We served the party wall notice a couple of weeks later and I drafted this myself using a template I found online - it was very easy and you can describe the works in very broad terms so don't need to include lots of detail.

No idea about flat leaseholds though!

Good luck with it all.

Don't do what our entitled neighbours did which wa stonignore us until the first time they spoke to us 6m after they moved in to say we're doing an extension and your fence will need to come down.

Let's just say it didn't and we 'enyrred into dispute' with their party wall notice so instead of just being able to bulldoze through and use their own surveyor (who turned out to be her Dad) theybahd to pay for our appointed surveyor.

Don't get people's backs up when you want them to endure a load of inconvenience on their behalf is my advice.

Disputing is perfectly normal BTW and any sensible person that understands party wall law would 'dispute' and appoint an independent surveyor of their choice, which you have to pay for, so be aware of that when budgeting

As yours is not straightforward I would engage a party wall surveyor. If your neighbour objects (snd they should) you will be required to pay for their surveyor. Your neighbours would be mad to accept an agreement prepared by you. If they object, you will have a qualified surveyor to deal with. What are you planning to do about foundations? How deep and where, exactly? What about access? Hours of working? Finish of wall facing your neighbour? What about any damage you cause? I would suggest you get professional advice.

@TizerorFizz yes absolutely planning on using the proper channels - wanted to give them the heads up before they receive formal notice though as that’s what the advice from gov.uk says. I guess I just have to bite the bullet and knock on their door and hope they’re not devastated. I know some people (understandably) have strong feelings about building works.

out of interest is there actually any benefit to requesting your own surveyor? Assuming the people doing the work have hired an actual professional (not a friend or family member) presumably they can be trusted to mediate for both sides? and would photograph everything before the work started as evidence for any cracks etc that appear later?

When you build up to the boundary is the presumption that your builders needs access to their land for a nice brickwork finish, potentially scaffolding on their side and for the neighbours to have to provide access for maintenance forever more?

because if my neighbour wanted that, I’d object.

The access for maintenance forevermore issue is moot I’d have thought, because the front of the house is already built up to the boundary.

are you saying you’d object to planning permission? Or you’d request an independent party wall surveyor?

Thanks you - it’s very useful to hear how people would feel about it! I guess it’s a bit location dependent as if you live somewhere that has mainly detached properties you might feel more negative about someone building on your boundary than if you live somewhere with mainly terraced or even semi-dectached housing where buildings up to boundaries is the norm.

Building to the boundary: is that to a wall or a garden? Having your garden trashed for the neighbour's benefit is horrible.

To a side passageway

If go and talk to them. Say roughly what you are thinking. See if they are positive or anti. Ask whether they have any plans to extend or cover the side passage that can be worked together.

The way it works with a party wall agreement is that you should engage a party wall surveyor. They act for you. The agreement should cover all the aspects I mentioned above. So foundations, finish, hours of work, access etc. The neighbours should object. This then ensures they get their own surveyor to act on their behalf and paid for by you. This surveyor will look after their interests and an agreement will be negotiated with your surveyor. Then you monitor that your builder sticks to it and so will they.

This has nothing to do with planning permission. You get pp first. They can object but if your proposals are within planning policy for your area, you should be ok. Then you get the party wall agreement drawn up.

Talk to your neighbours before you go for pp.