Does anyone know anything about party walls?

[2sugars]

Ie, is a person building an extension supposed to contact the affected neighbour about it? TIA

Depends on the size of the extension, I think. If it requires planning permission, then the local authority should contact affected neighbours. If it doesn't, then I don't think there is any requirement to contact neighbours other than out of courtesy. Might be different if the extension has to be connected to a party wall.

Freckle, it does require pp, but the council said it's nothing to do with them and handed me a hard-to-get-your-head-round booklet. The permission was refused initially but they resubmitted amended plans which the council man thinks will go through.

Their extension is being built on the boundary.

Just seems a bit rich that I have to instruct a solicitor for something they want to do.

is this any help?

In what way will the extension affect you and your property? You need to come up with some points that may sway the planning dept.

You should be given the opportunity to object to any plans before they are presented to the panning committee. Are you unhappy about the extension? Will it affect your enjoyment of your property? If yes, then you need to submit your objections, because you will not be able to later.

Will they need access to your land to build the extension? Will they need access to your land later to maintain it?

Planning not panning, although panning might be more apt!

We have recently finished an extension and required party wall agreement, as on one side we would be digging near the boundary line and on the semi detatched side, putting steel beams in to support walls.

Our builder said we did not have to get solicitors involved...we wrote a letter explaining to our neighbours what we were doing, offered copies of the plans.

They had to sign to say they had no objections and we would put right any damage caused by us. I think that kind of thing is sufficient.

Sorry, didn't make myself clear. I did object to the intial (effing HUGE) extension. They submitted revised plans with fewer windows, less height etc etc. It will still affect the house (and I'm still not happy with it) vis a vis light etc, but the planner said there would be little to raise in terms of ojections, since they had revised their original plans. I'm of a mind not to raise any further objections, even thought I don't want the bloody thing, as I don't want to appear churlish.

I have no idea whether or not they would need access to my house, but I suspect that as it's right up to and on the boundary, they would. The other complication as that as the house is let (it's my old house, before I married) presumably I'd lose out on the rental income while the works were being carried out.

I know a lot about this (steep learning curve a few years back when we extended kitchen). Don't expect your builder to know - we had very reputable and busy local builder who said nothing about party wall act until the neighbours (who, being childless, did not believe anyone should tamper with these bog standard lovely Victorian terrace houses)started cutting up rough.

Basically, if you want to do anything with the party wall you need a party wall agreement, drawn up by a surveyor. If neighbours aren't happy, you have to pay for a surveyor to represent them. (To save money, your surveyor can act for both parties, but only if neighbour agrees). Agreement is lodged with county court, if no-one disagrees after certain time (can't remember exactly how loong, something like 10 days) work can proceed.

Apparently, the party wall belongs to you both, so according to the surveyor we had, technically you can't even drill into it to put up shelves without consulting neighbours. Also, if you are digging near it you are risking undermining their foundations so they have to be consulted. It helps to have reasonable neighbours - we were lucky with one side (they didn't require us to do any formalities with them) and in a circle of hell on the other. Good luck!

Sorry neglected to answer your point - yes they do have to involve you and all your objections have to be taken into consideration. At their cost.

It always amazes me when I think what we went through to build our tiny extension (was replacing something that had fallen down ten year before so not big) and then I see people's lives blighted by neighbours building huge things without going through the proper channels.

Consult a surveyor.

CCM, that's what effs me off. I don't want the damned thing, they do, it's adding loads of money to their property, while diminishing the value of mine. Yet it seems I still have to pay for a surveyor/solicitor to sort these things out.

I bump in to her quite often, and the funny thing is neither of us say a word about it. We're really quite friendly (as are our dcs when they meet her dcs) but it sometimes seems like there's a parrallel universe going on! I suppose neither of us want to compromise that.

Oxford City Council are quite 'pro' extensions in some ways, but I was amazed that they refused the initial plan, given my objections.

If you fancy a gander/nose, email me at madame butterfly at ntl world dot com (no spaces). I understand completely if you don't want to, but it would be interesting to have another's perspective. Since I have no idea.

Sorry twosugars, I wasn't clear - because you are the agrieved neighbour not benefitting, they (the building neighbours) have to pay for YOUR surveyor. We had to - we ended up getting their chap to act for us too as we were paying for him anyway. There should not be any cost to you.

Also (as we found out belatedly) if you want to build you must inform your neighbours 6 weeks in advance.

the neighbour doing the building foots the bill for the party wall surveyor

i advise you strongly not to use the same surveyor tho they are independent i have just had a party wall agreement with neighbors and i am very glad i had a surveyor chosen by me

i am taking the builders to court as they owe me 1500 quid for scaffolding on my property for their build which was the sum agreed by my party wall surveyor and theirs

the party wall agreement is binding in law so no question they must pay me this money

they will also now be paying a firther fee to my surveyor and any legal/court costs as well as risk getting a county court judgement against them

the party wall agreement is imo essential to protect ypou from risks

and if you are not the building neighbour it wont cost you anything

Grrrrhhh. Can't get my head round this one at all.

zipp, so sorry to hear of your troubles. It's obviously still a bit raw. Which is where I think I'm going.

Too much for me to take on atm - should they write to me about the party wall, should I be worried if they don't, should (and H is an arse, no money there) I be worried about the loss of income from my old house in the meantime,and do you reckon there's anything I can do about it?

Just beginning a ground floor extension on a standard 1930's semi (planning permission was not a problem). We had an architect do the drawings and he clearly explained to us that we need party wall agreement from both neighbours, as we are building within 3 metres from the boundary.

We drew up a party wall letter (using an example letter we found the the internet). We gave both neighbours a letter which they had to sign within fourteen days. It just states that they are happy for the extension to go ahead. That is that. But, if they refuse that is when you get a surveyor involved but usually that is not necessary.

Hope that helps, it is not complicated once you get your head around it!!

We did an extension two years ago. Your neighbours do need to inform you in writing giving a certain amount of notice before they start building - think it's 6 weeks.

There are then three ways of doing the agreement

1. they inform you, you agree and sign the letter as op said and it all proceeds without using a party wall surveyor. I don't think you should go for this one as sounds like your neighbours haven't been that great over this.

2. they inform you and you both use the same pw surveyor. As op said this doesn't really benefit you

3. you find a solicitor who you want to act for you. Your neighbour has to pay for this. They have their own separate solicitor. Think this would be best option for you. Whatever happens you don't have to pay and it is all to protect your interests.

Hope this helps