Party Wall Advice

[neverendingpartywallproblems]

I posted about 18 months back due to neighbour being exceptionally difficult and got some really useful advice so was hoping someone could help again.

We finished renovations 15 months ago, did a loft conversion plus rear extension. Adjoining neighbour was lovely until works began and then extremely difficult to deal with. Placed multiple unreasonable demands (which we initially agreed to in order to keep the peace and to acknowledge inconvenience) which kept escalating.

Anyway PWA was awarded, neighbours used own surveyor. When work was coming to an end, neighbour approached with demands for painting due to cracks in walls amongst other things which he claimed had been caused due to works. Whilst we were confident some of this was pre-existing, we initially agreed to repair this as felt it was the right thing to do (they had several months of disruption and noise and our builder had a look and was happy to resolve). However, our initial acceptance resulted in escalating demands (for things we certainly did not cause such as a leak on other side of house - not adjoining wall) so we requested for an end of works survey. This was requested both informally to the neighbour and via our surveyor (who contacted theirs on multiple occasions). We heard nothing since.

Neighbour approached us a couple of months back telling us about some issues our build has caused and that they would like to resolve informally with us footing the bill. His list no longer includes the original items but is still excessive and we are not willing to entertain him any longer. He has phrased his letter as though it is for our convenience and our benefit to agree..

I wanted to ask for anyone with experience - is there a timeframe for this final survey to be done? We did our part by requesting it when works finished but they did not act. Both they and their surveyor did not respond to this request.
I appreciate damage from works can happen at a later date and so the PWA does not have a fixed timeframe to protect the adjoining owner for this but in this case, it is their inaction which is to blame and we do not have a limitless pot of money... Our builder was prepared to resolve all issues at the time and it was included in our contract with him. He cannot be expected to be available forever and the costs for all these works has increased dramatically. I don't feel it is fair for us to foot the bill for this because they did not act when we requested multiple times previously.

When I looked through the old correspondence with said neighbour 2 weeks back, I found emails sent to us stating 'their party wall surveyor will be acting on their behalf'. We since learnt that the petty complaints had nothing to do with the party wall and surveyors would have had no involvement (very much like you @LondonNQT but it does make me question whether they wore them down...

We informally asked 3rd surveyor for advice and they gave us the option of getting involved to force the survey or leaving things as they are. They said the latter is perfectly viable as we have made all reasonable efforts so we have left it as is for now.

Now we have pushed the ball firmly back in neighbours' caught (in both writing and person on multiple occasions) by requesting the final survey, I imagine we will hear nothing for another 5/6 months.... and I predict we will then be presented with a new list of problems and requests for us to pay for repair work. I don't know when the sorry saga will end but @TPWG you have given me hope that the longer it gets dragged on for, the more likely there is nothing to be fixed and the minor decorations they want us to do can be challenged.

@LondonNQT I am eternally grateful they used their own surveyor. All friends and family who had similar projects had PWA drawn up by one surveyor acting for both parties so we were a little gutted we had to spend extra on 2. With hindsight, it was absolutely brilliant given they are such hard work! Hopefully your neighbours will also give up their petty nonsense soon

All repairs are for the surveyors to agree. They are not a list of wants to be presented by home owners. The whole idea of a PWA is for professionals to agree. If their surveyor cannot get access, that’s the end of it. Stop responding. Don’t acknowledge anything from them regarding a list of works. You have done what you need to do. You cannot force them to let in their surveyor. There is no requirement to sign off anything if they won’t allow anyone in to arbitrate.

Oh good @neverendingpartywallproblems - sounds like you’re in a much better place. Well done.

Much like you we were quite miffed initially at having to pay for two but much like you very quickly became great full that we did! Sadly ours are still chuntering on but we’re much happier since realising that we don’t have to attend every argument, or reply to every email, we’re invited to/sent… :)

I fully agree @TizerorFizz, just wish neighbour would get that message too! The biggest mistake DH made was entertaining his request a couple of months ago for repairs. Instead of pushing it straight to the surveyor for final inspection (as we had left things 15 months back), he asked neighbour to put list in writing. He did not promise anything more but with benefit of hindsight, he should not have even had the conversation as neighbour clearly got the idea we have an open cheque book from that alone🙄

@LondonNQT I was looking at some of your other posts, your neighbours are absolutely crazy! I am astonished that a couple with senior legal roles seem to think this is an acceptable way to behave. I wonder what their clients would think if they knew this is how they treat people on a personal level! Yes the relief of not replying to emails/text messages following advice on this thread is like lifting a weight. We no longer apologise for not responding and use our CCTV when the doorbell rings so we can ignore if we don't want to speak to them

I think you just have to close down any conversation with them. It’s a bit sad but people don’t play by the fairly simple rules that are there to avoid arguments.

He could always pop a note round and say he made a mistake and a final inspection is required and no other negotiations can be entered into.

Yes that is pretty much where it has been left at - our last communication (in writing and in person) was that we cannot discuss until the inspection has been completed. They behaved as though they were affronted by the formality of it -apparently they were trying to do us a favour by resolving without surveyor involvement (although they also wanted to 'reserve the right' to involve surveyors as it was purely for our benefit not theirs🙄)

We firmly said that we have already paid for this so there is no negative financial implication for us and having an independent professional assess the damage is the best long term approach.

@neverendingpartywallproblems
Just sit it out. You’ve paid for it. Nothing else can be done! They think a surveyor won’t agree with what they are claiming, hence the reluctance. Daft really.

Exactly what Tizeror said - what total chancers.

What really bemuses me @neverendingpartywallproblems is that ours seem to think they’ve been entirely reasonable and behaved fairly throughout.

At one point I actually asked him directly how he possibly thought good neighbourly relations could ever have existed after they asked us to delay our build as they were (no exaggeration) concerned about their newborns lungs bring polluted. There was no apology then nor was there one when I had to tell them that it wasn’t appropriate for their nanny to go round and tell our builders off, doubly so considering how rude she’d been. The sense of entitlement from some people is outstanding.