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Party wall agreement

8 replies

Houseystuff876 · 09/06/2023 16:47

I have submitted plans for a side return single story extension. We are waiting for approval.

Can someone explain the process of getting a party wall agreement? I will need one for both neighbours as the new extension is built against the walls on both sides.

Do I print one off online and post it myself or does the architect do it? When do I ask for one? I'm hoping to start the building works mid August which is soon. I have no idea how this bit works. Thanks!

OP posts:
Mosaic123 · 09/06/2023 16:51

As you are using an architect why not ask them.

I think you will find the information you need on the RIBA website and also on your local council's website under the planning section.

There are many surveyors online who specialise in this agreement. Their websites will provide the information you need.

Seeline · 09/06/2023 19:05

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

You will need to serve the Notice at least 2 months before starting work so you need to get a move on! If either/both neighbour contests the Notice there may be a further delay whilst their surveyors (which you pay for) do the necessary investigation.

The Party Wall etc Act 1996: explanatory booklet

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

A1b2c3d4e5f6g7 · 09/06/2023 19:05

We are in the process of getting one. We need full building regs drawings including foundation depth etc before we send it over- we're waiting on these from our architect.

It's a two month notice period required, but you can ask the neighbours to waive this. We are also using a surveyor to assess. The neighbours have the right to appoint their own surveyors (that you have to pay for) but they can also use yours if they're okay with that.

NameChangedToAnswer · 09/06/2023 19:16

Others have beaten me to it, but was just going to say theres a 2 month notice period which your neighbours can agree to waive, but don't have to.
I would use a specialist Party Wall Surveyor to serve notice, as you need to include sufficient information for your neighbours to assess the work e.g. construction drawings/plans.

Many surveyors offer a fixed price tariff which can help in assessing costs.

Be aware, round our way theres the party wall surveyor equivalent of ambulance chasing lawyers. They keep an eye out for planning applications and then write to the adjoining owners to offer their services. Hopefully you have already spoken to your neighbours about your plans and therefore this won't be a surprise to them.

Houseystuff876 · 10/06/2023 15:19

Do I need a surveyor or can I just download my own agreement from the gov link above and include the architect drawings in it?

OP posts:
Houseystuff876 · 10/06/2023 15:29

Also should I get planning approval first?

Our plans are with the council but only just gone in.

I'm so completely clueless. How do people know this stuff!

OP posts:
NameChangedToAnswer · 10/06/2023 16:10

You don't need a Party Wall Surveyor to serve notice, you can do it yourself - the UK gov link above includes sample letters.

However as you don't seem to have a great knowledge of what to do it might be safer to use a Party Wall Surveyor.

Also, your neighbours can insist on a Party Wall Award, possibly using an independent Party Wall surveyor of their choice. In those circumstances I am not sure how you would draw up a Party Wall Award yourself without the involvement of someone who knows what they're doing.

I don't think you need to have planning permission first, but if the council insists on material changes to the plans then you would probably have to serve another notice.

Just to be clear, not an expert of any sort, but giving answers based on our experience when building an extension last year. We used a Party Wall Surveyor to serve notice. In the end one of neighbours ignored all the notices and we had to appoint an independent Party Wall surveyor to act on her behalf. Total cost of it all, including the independent surveyor was £1,200, which didnt seem bad to us.

Pickles290 · 24/06/2023 10:24

Hey I would get planning permission first then get the plans drawn up by a structural engineer as you need this info for the party wall agreement. As others have mentioned there are some ambulance chasers PWS and as you have to pay all parties costs and have no control over fees it can get pricey. Be wary of ones that say it’s a “simple build shouldn’t be too complicated” As they charge hourly after a certain point . Hence get a really good one RICS and registered . Grill them on how the approach the task how they assess the AO PWS fees . That you want detailed cost sheets supplied at the end before the award , will you/AO have sight of the draft award . Ideally get one for all but that’s up to the neighbours!! I guess I’ve had a bad experience it cost £4k !! sure there are some good ones out there somewhere !!

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