Is Party Wall Agreement Necessary?

[Busta123]

Our neighbours have just started work on a loft conversion. It will have a small dormer window. When they applied for planning we objected to the local planning department saying it would invade our privacy as houses are small and terraced and it will overlook our garden. We are also in a conservation order so felt it would not be in keeping with the area to allow the full dormer window. Our objections were noted but full planning was given anyway, though I believe the Dormer window will only be small and not across the whole of the rear of their house.

Neighbour has now erected scaffolding which overhangs our property slightly and has not asked for a Party Wall Agreement - I have tried to read through the Agreement but is seems to mention boundary walls and digging down as if in building a conservatory and I am not sure as it is a loft conversion if they should have asked us to sign a party wall agreement. Can anyone confirm what the position is and if I should insist that they stop work and get such agreement from us? Thanks for any help with this will be much appreciated.

[flyingveepixie]

Hullo mate,

Your neighbour is currently in breach of the Party Wall Act by the sounds of what you have said. He is legally required to give you 2 calender months notice (in writing) and obtain your agreement or non agreement as the case may be - also in writing. I suggest you get a copy of the Party Wall Act booklet which is free. You can find where to obtain it by a simple google search.

The Party Wall Act is fairly complicated but it is basically there to facilitate works rather than prevent them from going ahead. It ensures both you and your neighbour are fully protected by law in the event of any disagreements or damge to property caused by work such as loft conversions.

Check it out for yourself and maybe get in touch with a party wall surveyor who will be able to help you - at your neighbours expense of course. You will be required to pay absolutely nothing.

Good luck.

[katiesdad]

I understand what you say about not appearing to apply to aloft conversion. The way I read it, is that if the work to the party wall is of a minor thing, like chasing in for an electric socket, then it dos'nt apply. If it is cutting out (even half way through a 9inch wall and setting in a steel beam, then it does need an agreement. But if anyone in the legal trade knows different, please let us know.
Thanks

[happyhacker]

What does your neighbour say when you discuss it with them?