Am I eligible for the Party Wall Act?

[drinkturps]

I live in an upstairs flat of a converted house. The owner of the downstairs flat (who rents to tenants) has got planning permission to build an extension on the back of the property. I have no issue with the building of the extension. What does concern me is that the back wall that is supporting my upstairs flat will be removed to allow the extension. The owner tells me that despite having a leasehold (of 150 years) on my property and he has the freehold that I am not covered under the party wall act.

What I don't understand is that surely if he is removing the back wall that is supporting my rear bedroom that it is a part wall/ party structure?

 

[ban-all-sheds]

The owner tells me that despite having a leasehold (of 150 years) on my property and he has the freehold that I am not covered under the party wall act.

He is wrong - if your lease is for more than a year you count as an adjoining owner.

Not that the PWA gives you any special remedies if his work damages your flat.

 

[drinkturps]

He is wrong - if your lease is for more than a year you count as an adjoining owner.

Not that the PWA gives you any special remedies if his work damages your flat.

Thanks for the reply. It just seems mind boggling that he has to issue a notice to my neighbours but not to myself. I've got no issue with the works taking place I just need to make sure that if there's any damage to my property during the works that I am covered. I've been recommended a Party Wall Surveyor so I will be contacting them soon. Thanks.

 

[tony1851]

Regardless of the PWA, he is still liable for any damage. Whether you employed a PWA surveyor or not, the onus would still be on you to prove that the neighbour below caused the damage

Incidentally, I believe the PWA would apply in this situation, as the Act applies to 'party structures'.

 

[drinkturps]

Regardless of the PWA, he is still liable for any damage. Whether you employed a PWA surveyor or not, the onus would still be on you to prove that the neighbour below caused the damage

Incidentally, I believe the PWA would apply in this situation, as the Act applies to 'party structures'.

Thanks again, appreciate the advice.

What I have been told is that whilst it is not directly a party wall issue they will in affect create a party wall/structure after removing the back wall to allow for the extension. Their works will mean that they will have to strengthen their ceiling (my floor) following the removal of the back wall. I'm just getting some advice that I will be covered under the PWA. I totally get what you say about the damage. I'll most likely get the surveyor to do a before and after check and I'll also make sure that I've photographed every square inch of my property!

 

[ban-all-sheds]

I'm just getting some advice that I will be covered under the PWA.

What do you mean by that?

What "cover" do you think the PWA provides?

His responsibility regarding the quality of design and construction, and your remedies and rights should something go awry have nothing to do with the PWA - they are the same whether he serves a notice on you or not.

The Act is there to give you the right to be informed that certain works which impact a "party wall" are planned. It does not give you any right to deny permission for the work, and it does not contain any provisions which would allow you to bring a halt to the work if you haven't been notified apart from going to cou£t and taking out an injunction. It does give you the right to have a surveyor appointed at his expense if you are concerned that the work won't be properly done.

That really is the main question - how happy are you that he will have the work done properly? It's his building, so he isn't going to want to see the top half fall into the garden - as long as he's had proper structural design done, which has been approved by Building Control, and the work is inspected, your flat will be fine, and if it isn't the PWA won't help you.

Yes, he should serve a notice as the Act requires him to do, but if he doesn't there's nothing you can do apart from getting so£icitors involved and making an enemy of him.

But do take photographs, with that day's newspaper in the shots, showing lack of cracks, level floors, doors and windows fitting, the height of any wall mounted furniture above the floor etc, so that if anything goes awry you have made it easier to prove that the wall cracked and your floor dropped shortly after the lower half was removed.

 

[jeds]

You are entitled to notice under the act. The act provides no remedy however and your only option is to take action. The only action is to seek a court injunction. If you intend to pursue it you should act quickly though because once the notifiable work is complete the act ceases to have effect.

 

[wessex101]

I do not believe that the rear external wall below your flat is a party structure or party wall.

However, it would be reasonable for the freeholder to ask for a schedule of condition to be commissioned before the works start and the ground floor leaseholder to be responsible for the cost of any remedial works. Otherwise I suspect the freeholder would be responsible for any repairs assuming the freeholder is responsible for maintaining the structure.

I would hope that this is all documented in the freeholder's consent for alterations but probably worth checking yourself.

 

[drinkturps]

I thought it would be best to give an update. The surveyors are still arguing the toss about if the party wall act can be applied. I cannot believe that my next door neighbour has been served notice but myself has not. His is the left wall and mine is the above floor. So it's ok to remove the wall that is supporting my floor without notice and it is ok to serve notice to my neighbour whose wall is adjoining on the left. I cannot be the only person that lives in a converted house and is a leaseholder.

Draw a line vertically upwards and then to the right. He gets notice (to the left) and I do not. I've probably not explained this too well but I cannot understand as a leaseholder that the PWA does not apply to me. Whether it is party wall, party structure, whatever, how can it not apply to me? It's getting to the point of interpretation of the act.

I don't think I am being unreasonable it's the logic of it that I cannot comprehend.

 

[drinkturps]

By means of another update (and sorry to bump the post but I feel it is useful). His architect and my architect reached a stalemate. In the end my architect did not really want to know about me and stopped answering emails where I was after updates.

In the end I went solo. I spoke with a Director of the Faculty of Party Wall Surveyors who within minutes said yes it's a party wall. If an RSJ beam is being fitted then the PWA applies. I then spoke with the neighbour who is doing the works who also spoke to the same and very helpful director.

He has now changed his plans and is now looking to replace the back window with a door as that is the minimum amount of works that can be made without the PWA. As I've said all along I have no objection to the works I would just like things done properly and transparently.

I have spoke with the local council and apparently need he needs to notify them of the changes to his works. I don't know if he needs to submit new plans to the planning portal but I will wait and see what happens.

So after months of architects arguing the toss it took me two phone calls and 10 minutes of effort! I highly recommend the Faculty of Party Wall surveyors as they were very professional and explained everything in terms that even a dummy like me could understand.