Party Wall advice wanted pls


Postby partywallinfo » Tue Apr 14, 2009 9:04 am

Hi

I hope someone can advise us.

My parents in law had a loft conversion done about 6 years ago. They didn't have a very good builder who told them they didnt need building regs or anything else. Works started and then the Council came round and they had to stop the work, apply for a regularisation certificate. All was eventually done and they got their building regs certificate but it was a living nightmare for PiL.

During the work their neighbour wrote a letter asking about a party wall agreement. Relationships had soured and parents-in-law didn't reply to this and didnt do anything about the party wall. Six years or so have passed and neighbour has since moved.

They are worried now because new neighbour has applied for BRegs permission to do their own loft conversion and extension in the garden. PiL have been bombarded with letters in the post from surveyors saying they should protect themselves by taking out a party wall agmt and appointing surveyors etc.

They are worried because they think they should take out the party wall in case next door's work causes any damage but does the fact that they did not themselves take one out affect their ability to ask for one?

Also could the new neighbour, retrospectively, complain or sue PiL for the lack of one when PiLs conversion works were done?

The works were a loft conversion and steel beams (RSJs) were put in but were cut in in such a way that they were not cut into the party wall but only through and resting on parent-in-law's house walls.

Many thx for any advice.
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Postby rosebery » Tue Apr 14, 2009 10:21 pm

"During the work their neighbour wrote a letter asking about a party wall agreement. Relationships had soured and parents-in-law didn't reply to this and didnt do anything about the party wall. Six years or so have passed and neighbour has since moved."

They are worried now because new neighbour has applied for BRegs permission to do their own loft conversion and extension in the garden."

Dosn't matter - too late.


"PiL have been bombarded with letters in the post from surveyors saying they should protect themselves by taking out a party wall agmt and appointing surveyors etc."

Of course they have. These leeches spend all day trawling the planning permissions applications and trying this one one. The onus is on the person having the work done to prepare and serve the party wall agreement which your PiL can then either agree to or object to.


"They are worried because they think they should take out the party wall in case next door's work causes any damage but does the fact that they did not themselves take one out affect their ability to ask for one?"

It isn't their responsibility. Even if the neighbour doesn't serve a party wall notice your PiL have the right to have the work stopped as if a party wall notice had been served and they had objected (provided the objection is valid). The whole point of the exercise is to prevent undue interruption to the work. If its agreed beforehand then there is no comeback. The history concerning their own work is irrelevant and as stated has zero bearing on the current matter.


"Also could the new neighbour, retrospectively, complain or sue PiL for the lack of one when PiLs conversion works were done?"

No.

Cheers
rosebery
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Postby partywallinfo » Wed Apr 15, 2009 6:49 am

Hi Rosebery

Just a quick message to say many thanks for your helpful reply. This will put their minds at rest.

:D
partywallinfo
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Joined: Tue Apr 14, 2009 8:53 am


Postby rosebery » Wed Apr 15, 2009 9:05 pm

Au plaisir

Cheers
rosebery
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Postby maz128 » Sat May 23, 2009 12:15 pm

My neighbour is building an extension that requires work to a party wall. Currently we live in edwardian terraced houses which both have kitchens located within a one storey extension that project out from the main building at the back of the house. My kithcen adjoins my neighbours and they have extended their kitchen across the back of the house.

We have been on good terms with our neighbours. They advised us the work would be taking place and we raised no objections. It was supposed to be only a foot higher than current one storey building and they weren't extending outwards so we didn't see if would adversely impact on us.

Work started two weeks later and has progressed quickly. The extension is about 2 foot higher than our current roof height but that is not my real concern. My main concern is that actual strucutre appears to be resting fully on the party wall so that our roof tiles now adjoin the outside of their slightly higher wall. This means the roof strucutre to their slightly higher extension overhangs my lower roof. This concerns me becuase I fear it will prevent me/or any future owner of my home from having a similar project completed on our home in future. Would we have the right to remove part of their roof strucutre to ensure our extension was level with theirs?

Does anyone know what my rights are with respect to this?
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Postby bd3cc » Sun May 24, 2009 9:00 pm

Can not give you a definitive reply, but think planning permission would not have been granted to one neighbour to the detriment of the other.

Ask the BCO to visit you the next time he visits the site, and express your concerns to him.
You can find his name and direct tel.no on your local council website, and talk to him directly, between 9 and 10.30, or 4.30 and 5.30. at other times they are on site.
They are helpful
HTH
bd3cc
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Postby LCL » Mon Jun 08, 2009 8:47 pm

maz128

There are two issues here, the first being planning and the second being party wall matters.

Your neighbours has the right under the PWA to raise a party wall, which is how I have read your post. They should have served notice to which hyou would have probably agreed anyhow, but a verbal agreement took place as you refer.

The main issue I believe is a planning one. You simply cannot build a structure of any sort and have part of it overhanging the adjoining owners land, even if it is only guttering etc.

Back to party wall matters, you (as building owner) would have the right to trim off any projections if they affect the works you are planning so long as you make apprpriate repairs, ie if you removed a gutter and fascia, an appropriate repair would be to form a parapet / valley gutter.

Hope this helps

LCL
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