Harringay, Haringey - So Good they Spelt it Twice!
Loft conversion party wall question
Hi,
We've just moved to a terraced house in Harringay (hence first post!) to find that our new next door neighbours are currently having a loft conversion. This is a bit annoying as it will delay us moving in (my partner is currently on maternity leave and will go mad with the noise during the day) but we can wait a few weeks while we do some work ourselves so it's not the end of the world (and we may want to do one ourselves in the future).
I understand that loft conversions only require Builder's Regs however as it's a terraced house i believe the work will touch a party wall and as such i think there should have been a party wall agreement which would involve an independent contractor checking the work has not affected our property - https://www.simplifythelaw.co.uk/residential-property/party-walls/p...
My question is, does anyone have experience of party wall agreements either when doing a loft conversion or when a neighbour does one? I'd be interested in your experiences.
I could of course be completely wrong and no agreement is required but wanted to check.
Thanks!
Tags for Forum Posts: loft conversion, party wall
Replies to This Discussion
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Permalink Reply by Antoinette on
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Are you sure that your neighbours didn't get a party wall agreement with the previou's owners of your property? If the work has already commenced you aren't going to be able to have a pre-work survey so I'm not sure how a retrospective Party Wall agreement serves any real purpose.
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The point is though that a surveyor undertakes the survey before the works start so that any post-work damage can be assessed.
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Permalink Reply by Liz on
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In a situation like this, it's probably best to get advice from a specialist (apologies if either of previous posters are!). The RICS have a guide to this http://www.rics.org/uk/knowledge/consumer-guides/party-walls-guide
RICS also operate a party walls helpline. They can put you in touch with a chartered surveyor who can give you 30 minutes free advice. The helpline number is: 024 7686 8555. The Faculty of Party Wall Surveyors (FPWS) also runs a free advice line and has a list of members in all areas which may be able to help you with party wall matters. You can contact them on 01424 883300 or through their website at www.fpws.org.uk.
Source: Citizens Advice website https://www.citizensadvice.org.uk/housing/problems-where-you-live/n...
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Permalink Reply by joe on
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Thanks for the replies.
I should have mentioned. No notice of any work was noted in the survey, solicitor searches or mentioned by the previous owners in the official sale documents.
Would it not be possible to get a surveyor in after the work to ensure that there has been no damage to the party wall? Seems unfair that just because the work was started seemingly without a party wall agreement, we can now no longer check our property has not been affected.
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Liz is right of course that you really ought to ask the experts but you can of course engage a surveyor yourself. I think the first thing you should do is speak to your neighbours and check whether they do have an agreement. They're probably reasonable people (think positivery! )
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If you ring the number above you can get 30 mins free advice from a surveyor in your area.
As far as I am aware for works of this kind there must be a party wall agreement and if your neighbours have begun this without the agreement they may need to stop the works until the dispute is sorted. It maybe that there was no reply to their initial notice so they did the work themselves and appointed a surveyor as the Act allows for that. It is best to ask them what they have done. I'm sure they would want this sorted as quickly and amicably as possible.
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I think you should be very careful. As a builder I see this situation on a regular basis. Talk to your neighbour first and sound them out regarding the work he/she is undertaking. Remember you can sort this out yourself's there doesn't have to be a dispute and you may want to carryout the same work in the future. You may avoid you neighbour spending around 2k. Stay away from the Survayor if you can. Assuming your neighbour agrees they will put right and defects. Take photos of the party wall upstairs and downstairs with your neibour prescient.
I hope that helps.
Kieran
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Your neighbours have to sign a party wall agreement when you have a loft conversion. But you as long as you are on good terms with your neighbours they can just sign a letter, which you can download from DCLG's website. You don't need a surveyor (which is v expensive). You are still insured if something goes wrong. So it may well be that the previous owners signed the agreement a few months before moving out.
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Becky, thank you for the message (i realise it's been a while since my original post).
The work is pretty much done now and we are on good terms with the neighbour, but i would still like some legal protection in case anything happens as a result of the work in the future. I had a look at the DCLG website but couldn't find the letter template you mentioned. Any chance you could provide a link? I'd be very grateful
Thanks!
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https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance
All the DCLG stuff has been moved to the www.gov.UK website - then search for "party wall". There are template letters in the guidance doc (link above)
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I think you need a party wall agreement if you own your flat..are you a freeholder? Look up the govt website .. Lease Advisory Service or some such… a solicitor will advise you for a brief while for free. But have all your facts handy when you are invited to contact them through the website.
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