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Entry on LA building control for partial removal of chimney breast register changed

4 replies

Onagoldenautumnday · 29/09/2024 08:59

I live upstairs in a house divided into 2 flats.
We share the freehold 50/50 with our neighbours downstairs
They have done a lot of building work over the last year and are now selling. They have a buyer.

They took out some of a chimney breast , no prior discussion no PWA .

The original entry on the building control register was , from memory,'partial removal of chimney breast leaving supporting brickwork'.

I was looking at the register again following requests for retrospective PW agreement and see that it now reads ' widen fireplace to accommodate new cooker'.
I was all set to agree that I had no objections under the PWA provided all works comply with current regulations but this has worried me.

They've done a lot of the work themselves and while I think they've ducked and dived over paper work and not talking to me I think the work is safe.i think a steel was used.
I don't want to scupper their sale but I don't want to be approving something which might not be ok and then be held responsible if in the future problems arise.

OP posts:
Onagoldenautumnday · 01/10/2024 06:47

Hopeful bump.
TL;DR
Worried about work done in downstairs flat and now description changed on building control register
Joint freeholders no prior discussion .

OP posts:
Another2Cats · 03/10/2024 08:34

"...requests for retrospective PW agreement"

Personally, in this situation, I would not agree to a retrospective party wall agreement. In fact, there is no such thing as a retrospective PWA.

It is not possible to make a valid PWA after works have been completed.

What you can do is to deal with the situation as though a party wall notice has been served. Your best course would be to refuse to agree to a PWA, this will place the work in dispute.

If it is disputed then your neighbour will need to instruct a party wall surveyor and you can also instruct your own surveyor which your neighbour has to pay for.

The party wall surveyors will determine if the work has been done safely.

Onagoldenautumnday · 03/10/2024 10:30

thank you @Another2Cats ,I think all be well now .
I was sent a copy of the completion certificate ,some photographs and structural engineers report last night .
Sorry,I was wrong to say that a retrospective PWA was requested .
The actual wording is
a retrospective acknowledgement from yourself that you have no objections under the PWA 1996 to the work

OP posts:
Another2Cats · 03/10/2024 17:00

It's good that they sent you copies of all that. If they hadn't have done that, then that is when you would refuse to provide retrospective acknowledgement.

Refusing to provide retrospective acknowledgement would then have forced them to send you all that stuff anyway or they would have to instruct surveyors to get it done.

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