Harringay, Haringey - So Good they Spelt it Twice!
Party Wall Agreement - advice needed
Hi
If the owner of the adjoining property to mine gets the go ahead to build a ground floor rear extension I will need a Party Wall agreement as the works come under the Party Wall Act.
Is it the case that there is no legal obligation on the part of the owner for him to serve me with a Party Wall Agreement?
There has been zero communication from the owner (HMO landlord) at all.He dies not live there.
Should I be engaging a Party Wall Surveyor to write to the owner to request a Party Wall agreement?
If the works do get permission the owner has indicated that they will commence in February.
Any advice on what I should do would be gratefully received.
Thanks
Mags
Replies to This Discussion
-
Permalink Reply by Vlatka on
-
My understanding (from when we did the work on our house), is that it's not only the responsibility of the party doing the work to notify neighbours/organize the party wall surveyor, but also to pay for it on both sides. If any of the neighbours prefers to engage their own surveyor, rather than the one the party doing the work has engaged, the cost is still borne by the latter. When we did the work on our house, one of our neighbours accepted to have the same surveyor act on our as well as their behalf, but another neighhbour decided to hire a different surveyor - we paid for both. So if you were to engage your own surveyor, their services would have to be paid for by your neighbour.
-
-
Hi Vlatka
Thanks for your advice following your own experience in this area.
Yes, that is my understanding too.
If this development goes ahead I will definitely need a Party Wall Agreement. I have a Party Wall Surveyor in mind to conduct the actual survey, just need the notification from the owner/their agent.
I will be chasing this up next week!Thank you Vlatka
Best Wishes
Mags
-
-
the process for Party Wall works is set down in
an Act, Party Wall etc. Act 1996; https://www.legislation.gov.uk/ukpga/1996/40/contents
a government explanatory booklet; https://www.gov.uk/government/publications/preventing-and-resolving...; and
a 'professional users' manual published by the Royal Institute of Chartered Surveyors; https://www.rics.org/uk/upholding-professional-standards/sector-sta....
These will help you decide what to do, not to mention hundreds of surveyors' website.
There is always the possibility that, if the Building Owner sends you adequate information about what they are going to do, in due course, you might just agree to the works?
You can dispute the works if the information does not allow you to make an informed decision, or if you see something that might not be right for you, and then a Party Wall Award (not Agreement) follows on.
If you dispute the works for other reasons, then there could be a chance that you have to pay for your own Party Wall surveyor's fees.
-
-
Hi Joseph
The links you were kind enough to send me look as if they will be very informative. Thank you.
The owner of the House has thus far made no contact, neither has his Agent. As I understand that his intention, if given the go ahead from Haringey Planning, is to start work on the development in February. I doubt any contact will be forthcoming at this late stage.
The works come under the Party Wall Act for the digging of foundations alone as they will be within 0.5m of my property.
I don’t believe I will be liable for paying for a Party Wall Surveyor, it will be the responsibility of my neighbour.
Thanks again for taking the time to reply and for the links.
Kind Regards
Mags
- ‹ Previous
- 1
- 2
- Next ›
© 2024 Created by Hugh.
Powered by
