Dispute with neighbour

[Maybenexttime08]

Very long story, but in short we are doing a new kitchen and very small extension, that is below one of our neighbours windows. We have all the correct planning permissions, have spoken to surveyors etc and we are doing everything by the letter.

However, our neighbour is consistently unhappy having raised it with 7 other surveyors to try to prove her point and sent us several letters from solicitors.

All of this ends up with us being in the right, but obviously making tensions between us high.

My issue is, I now feel uncomfortable in my own house (where I work from home) as I am always worried that she is going to come round and have a moan.

Not sure what I’m asking - advice on how to deal with her and how to start feeling comfortable being in my own home again?

It’s irrelevant whether it is a wall or a ceiling or a floor - they are all covered under the Party Wall Act. It’s also irrelevant if it is replacing a current structure - if there are significant change being made to it. Who is it that has advised you that you do not need to serve notice under the Party Wall Act?

Some people here are nuts!

'A flying freehold is a legal term for a freehold property that extends over or under another person's property, such as a room above a shared archway or a balcony protruding over a neighbor's land. These are common in older, terraced, or complex buildings but can cause issues with financing and maintenance.'

So although others have suggested ignoring and pressing on, consider how awkward you feel now amd how much worse it will be once you build and she’s furious.

Remember that when you sell you need to fill in a form about neighbour disputes.

Im not suggesting that you give in, but instead I’d suggest you slow down a little and consider a full charm offensive. Think about an invitation for coffee and a big bunch of flowers. Not “official” or permissions but sitting with her and listening. Mostly listening to find out what the worry is. Then try to find a solution which deals with it.

Ive seen this done a few times - slow and kind - winning the adjoining owner over works well. And win-win you won’t end up moving because your neighbourly relations won’t have been destroyed.

Party Wall legislation is separate from planning legislation and Building Regs. Nothing to do with the Council (unless they own one of the properties involved).

The OP also states that she's spoken to surveyors, as has the neighbour, and that everything is being done correctly. But apparently other posters know better 🙄

It's a really difficult situation OP but I think you need to just ignore the neighbour and get the work done and hope she stops moaning eventually.

I terms of dealing with her I think that you need to avoid the temptation to get into a debate because she's not going to listen. You could be sympathetic that it's going to cause some level of disruption but I would really try and avoid engaging. The alternative is to not proceed with the work but that's not fair on you either. Good luck!

When an op stays a thread like this, about an apparently wholly unreasonable neighbour with regard to works the OP has planned… but as soon as posters start asking relevant questions, the OPs aren’t seen again - I generally end up thinking - poor neighbours as there’s clearly much more to this

Of course you will need a PWA, a structural survey and building regs if you are changing the structure that her house sits on. Who is advising you here?

Or maybe they can't be bothered to explain themselves to posters determined to find them at fault rather than answer the question posed?

I have a flying freehold in my house.

We have the downstairs room., they have the upstairs, and the rest of the house is normal

Even if you are replacing an existing structure there still needs to be a party wall agreement because OP is doing works involving a flying freehold. ( do potentially affecting her neighbours property, although the extent to which we don’t know.)
So far OP hasn’t confirmed the exact works or whether there’s a PWAward.

basically just because there was a building there before is irrelevant.

I replaced an existing structure and needed a party wall agreement. It’s to protect both sides.

But the OP isn't obliged to give it and wasn't asking for advice on whether the neighbour is being reasonable or not.

Agree @Tuckup

OP is asking two questions one of which is how to deal with the neighbour
Its therefore very relevant to get more information as
dealing with her
could mean getting all the legals in place
ie A Part Wall Award. For that we need more information

Already given it up thread

OK
so this clinches it
’the letters ( from the neighbour) were about Party wall awards’
‘we are an existing structure’

sounds like OP hasn’t employed a Party Wall Surveyor or she wouldn’t say this

Advice is to get a party wall award before construction starts.

If construction has started then be prepared for it to stop if neighbour gets a court order. You could be liable for your contractors costs, and your neighbours costs.

Check your insurance and whether it covers these costs. Note that you usually have to tell your building insurance you are having work done, or it is invalid. Specialist insurance is available to cover you during building work, but needs to be taken out before work starts to be valid.

Ensure you have access to money to put right any damage done to your neighbours house. They can pursue you through the courts which adds legal fees, so settle reasonable fixes before that point.

Check your contact with your contractor, you may have engaged them to project manage and ensure all legal and required permissions were obtained. So they would need to cover the costs. Most contractors exclude those though.

Liability for PWAwards rests with the building owner

Seven surveyors have shown that you're in the clear. You needn't trouble your conscience with it any more. Don't answer if she comes round; after all, you're working!
If she comes round when you're not working, answer and refer her back to the surveys, then politely excuse yourself and shut the door. Don't react, respond quietly and minimally.
She must be spending a fortune on solicitors' letters; more fool her.

No

OP has not spoken to seven surveyors !!

She also hasn’t confirmed she has spoken to any Party Wall Surveyors at all.

OP has said she has spoken to surveyors but not what type and building surveyors etc etc have completely different jobs and responsibilities to those of PW surveyors.

Only Party Wall surveyors should be consulted on whether a PWaward is required before works start

Get a ring door bell to see if she’s at the door so you can ignore her.