Party Wall advice - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HotUKDeals, you accept our cookie and privacy policy.
Get the HotUKDeals app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

Party Wall advice

£0.00 @
Hi everyone. A few weeks ago, our neighbour brought round a party wall agreement for us to sign as they are wanting to put in a loft conversion. They sent over outline plans but nothing else. We spoke… Read More
mooruk Avatar
4m, 2w agoPosted 4 months, 2 weeks ago
Hi everyone. A few weeks ago, our neighbour brought round a party wall agreement for us to sign as they are wanting to put in a loft conversion. They sent over outline plans but nothing else. We spoke to RICS who told us we needed to see a structural survey on the party wall. So far our neighbours keep referring us to their builders who refuse to provide this saying it is unnecessary and the wall is sound. No structural survey has taken place. They just say that if there is any detrimantal problems on our side, they will put it right..... but is this enough??? Help!
mooruk Avatar
4m, 2w agoPosted 4 months, 2 weeks ago
Options

All Responses

(17) Jump to unreadPost an answer
Responses/page:
#1
I'd be signing nothing until surveyed if RICS say its needed. All well and good saying they'll put right any problems, but why risk it in the first place?
#2
See a Solicitor then you will know where you stand as they will understand what is being said in the agreement and who will be liable if things go wrong.
#3
bearcat
See a Solicitor then you will know where you stand as they will understand what is being said in the agreement and who will be liable if things go wrong.
that will cost money, go and see Citizens advice first.
#4
This seems a useful article in your situation.
#5
promithius
I'd be signing nothing until surveyed if RICS say its needed. All well and good saying they'll put right any problems, but why risk it in the first place?

That's what I think. Your neighbours should get a survey, it's not your job to liaise with their builders who will obviously side with your neighbours anyway as they are their paying customer
#6
just explain to your neighbour and say you won't sign anything until they do what RICS says. It's not your job to deal with their builder or pay for anything including a solicitor. they want it they pay for it.

btw their builder is either a sole trader or a ltd company. either way them saying anything is just hot air.
#7
i had a nightmare with a party wall a few years ago and the best advice i can give which i wish i was given is make sure you have a good party wall surveyor who asks for a bond to be put in place to cover damage.
#9
Don't sign anything. If your neighbor wants the work done get them to do all the leg work. Why should you have to do it.
#10
jonnithomas
just explain to your neighbour and say you won't sign anything until they do what RICS says. It's not your job to deal with their builder or pay for anything including a solicitor. they want it they pay for it.
btw their builder is either a sole trader or a ltd company. either way them saying anything is just hot air.


Totally this.
#11
paulj48
bearcat
See a Solicitor then you will know where you stand as they will understand what is being said in the agreement and who will be liable if things go wrong.
that will cost money, go and see Citizens advice first.
And not getting the right avice could cost even more. I would assume that if he goes to Citizen Advice they wil advise him to seek legal advice from a Solicitor.
#12
If the loft conversion is for a bedroom or a habitable room then all works need to be done to building regs. In such case a building inspector will be involved. This maybe a local council building inspector or an independent building control inspector. If he is not happy with any of the works he will not sign it off. Ask your neighbour who is the appointed building inspector and contact telephone number. They may need to get it off their builder as it could well be the builder who appoints building control. My guess in this case is there will be some blank faces. Most important do not sign anything until you get some proper answers.
#13
Thanks for all your advice, pretty much confirms what we thought!
#14
Believe that there are certain surveyors who specialise in 'party walls' and that it is the developers responsibility to pay for the survey.
#15
You are entitled to appoint your own surveyor at their expense.

Edited By: Doug_ on Mar 08, 2017 09:05: Edit
#16
Hi we have just been given a third party wall notice. From what I can gather your neighbour cannot start work until you have had an opportunity to respond to it. There are various options but if you go onto the government website there is a template for. Negative acknowledgement letter. We completed this to state we would not agree to the work unless a party wall award was drawn up supported by a schedule of condition. This is basically the surveyor coming in and determining what impact the works may have. I think you can suggest things like no unreasonable interruptions to be caused to you and it is your neighbours responsibility to put right any damage. It is your neighbour who needs to pay for any surveyor. If you agree to instructing his surveyor then the surveyor has a duty to remain impartial. I have still asked my neighbour to supply references, confirm his surveyor is not involved in the project in any way and confirm that they have knowledge of third party wall issues. If this isn't forthcoming we will instruct our own surveyor but I believe the party wall act says the neighbour has to bear this cost too. I would definitely ask for a bond like the other person has mentioned in case work ceases and this impacts on your property. The surveyor drawing up the party wall award should consider this from my understanding
#17
Again, thanks for great advice. Following a fairly intimidatory call from their builders, our neighbours have finally agreed to the schedule of condition,at their expense...

Post an Answer

You don't need an account to leave a response. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!