Party wall agreement/neighbour moving

[StephanieErin]

Two months ago our neighbour signed a party wall agreement with us to consent to us removing a chimney breast (their side already removed). The date to start work is a Monday 3rd July. In the meantime they have sold their house and are due to exchange 29th June and complete 30th June. It was brought up as part of their sale a month ango and we asked their buyers to get in touch with us if there’s any issues and if they would want the party wall notice reissued in their names for their review.

We have heard nothing until yesterday when our neighbours told us that one of their conditions of exchange is that their buyers want an email from us on the morning of the 29th stating we have not started work. they are refusing to look at any document until after this date. They have been told our anticipated start date.

We would be right to put off our builder wouldn’t we? It’s reading to me like they want to dispute even though they haven’t bought the property or moved in yet 😬but I would have thought they could at least let us know so we can give notice time to the builder!

Ask builder to start early

This was my husbands answer but I’m worried about jeopardising our current neighbours sale/purchase as they’ve been really good neighbours!

I'm finding it hard to visualise exactly how a relatively straightforward chimney breast removal is likely to affect the integrity of your neighbour's house, especially as their side has already had the same.

The PW stuff can't be invoked retrospectively and in your shoes, I'd agree with your husband and get the work done asap. That way, there's nothing for the incoming owners to object to.

Although I understand your reluctance to upset your current neighbours, it's pretty high-handed for the potential purchasers to be dictating the actions of a 3rd party, who is not any part of the purchasing process ie you.

What happens if your builder, once deferred, can't reschedule till November but NDN's potential sale collapses, new purchasers hove into view who also have reservations and you put the builder off again...?!

Letting the builder know today so will see what he says as well. He may not be able to start early of course…

agree It’s very high handed of them and not sure it’s how I’d want to start off relations with new neighbours in their shoes. We’ll have a loft and kitchen extension to do in the next 5-7 years so just hoping this isn’t the start of neighbours from hell.

I would do the same as the new buyers. I would want to wait until the sale had gone through to look at the paperwork and I wouldn't want the work to be half started.

I wouldn't assume they are looking for problems or for a dispute at all. 🫤

Interesting! It’s just that we sent them all the paperwork/drawings for the steel/start date info etc a month ago and said if they had any queries or issues to let us know and heard nothing until now a week before we’re due to start! But good to know there’s another perspective to it other than just wanting to cause difficulty.

I'm confused - you have a party wall agreement/ signed notice in place with the current owners, yes?

Surely this just transfers to the new owners on completion? They can't dispute it as it is already in place I thought.

they’re attached to the people rather than the house so will have to start the process again with the change of ownership unfortunately

Oh, blimey - our neighbour is currently selling and we are doing exactly the same works as you and she has just signed the party wall notice. I just assumed that was that and it wouldn't affect us.

Are you sure ?
I think if you move then it needs to be redone but if the neighbours move it doesn't ?

We read the party wall act itself and there’s no provision for it to transfer. And apparently if there is damage and compensation is payable the surveyor can only order that it is paid to the owner named in the award so does make sense that you’d have to get a new one naming the new owners. It’s just such a tight timeframe for us that it’s difficult - especially when they’re refusing to talk to us!