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Party wall query

9 replies

Dreamofholidays · 14/01/2025 00:30

Slightly strange situation. Served Notice on my neighbour. They did not respond within the 14 day period. We plan to build on the party wall. A few days afterwards they said that they wanted to instruct a surveyor but that we had to re-serve the notice as it was not correct. I asked why and was told, we cannot say. I appointed a surveyor who said the notice was valid but that he could serve again on our behalf if we wanted. I'm so annoyed as (under the party wall act) we will become responsible for our neighbour's costs. How can we work with someone so obstructive going forwards? Any advice appreciated.

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PickledPurplePickle · 14/01/2025 05:19

They don’t sound obstructive, they sound concerned and want to ensure everything is done correctly.

Of course you are responsible for their costs, you are building against the party wall and they shouldn’t be out of pocket for your choices.

Dreamofholidays · 14/01/2025 10:02

I understand we should be responsible for their costs going forwards, but because we are paying, they could deliberately rack up a huge bill.
Also - what should we have done when they refused to say what was wrong with the notice and who they intend to instruct? Our surveyor said the notice was correct.

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Growlybear83 · 14/01/2025 10:07

But if your neighbours didn't respond within the 14 day period, doesn't this automatically mean that a statutory dispute has arisen? In which case serving another notice is irrelevant, and they can just appoint their own surveyor, who as you say, will be at your cost.

Dreamofholidays · 14/01/2025 13:17

Thanks for responding.

If your neighbour does not respond, you have to serve another notice asking them to respond within 10 days. I did this and my neighbour said that they could not accept this as my first notice was invalid (as noted before, they refuse to say why). If this period expires, we are in dispute and I will have to appoint 2 surveyors, one for each of us- they will prepare an agreement. This would be fine except my neighbour might say it is invalid as the initial notice is invalid.

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Completelyjo · 14/01/2025 13:20

If the neighbour didn’t respond initially you do need to serve again.

I don’t really understand your issue, your neighbour has a right to be represented and you’re obligated to cover their surveyor. That’s just part of doing building work.

Dreamofholidays · 14/01/2025 13:25

Thanks
So the issue is - I served the initial notice. I have since instructed a party wall surveyor who reviewed it and said it was fine. My neighbour's surveyor said it was incorrect, but will not say why.

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Growlybear83 · 14/01/2025 14:18

Just to point out that YOU don't appoint two surveyors, OP. You appoint your own surveyor and your neighbours choose whoever they want to work for them - you have no say in who they appoint. But you have to pay for the cost of both surveyors.

Completelyjo · 14/01/2025 16:38

Dreamofholidays · 14/01/2025 13:25

Thanks
So the issue is - I served the initial notice. I have since instructed a party wall surveyor who reviewed it and said it was fine. My neighbour's surveyor said it was incorrect, but will not say why.

Isn’t this down to the two surveyors to deal with?

Dreamofholidays · 14/01/2025 17:35

I assume so, but them I am paying for time for them to spend arguing about the validity of notices and it is clear one surveyor is being obstructive. Maybe I just have to grin and bear it.

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