Didn't offer PWA before start of extension

[Mr_T25]

First time poster so please be patient.

[Edited post)

- PWA not signed before rear PD extension work in Runcorn started but communicated verbally to neighbour many months before. No issues raised.

- Upon completion neighbour asks for PWA to be signed though we understand that it is of little effect as it's been built already.

-We will however build a further extension later so still need something to cover that.

-Terms are friendly with neighbour and I want to give them a comfort letter of some sort. Both sides areed to keep it informal so no surveyors and some pictures to be taken instead.

Thoughts?

 

[^woody^]

What document can they request you to sign as the building owner?

You can't actually serve a PW notice now as it will be invalid.

 

[chappers]

I would point out to them that the time to enter into a PWA has passed and that it now serves no purpose to either parties, as it is meant as a method of granting amicable permission.
To keep them on side I would point out to them that you are still aware of your legal obligations and the avenues open to them if they feel that any damage has occurred and that you are aware that these still apply despite the fact that no PWA was entered into.
Failing that issue them with a PWA but point out that now that there is no obligation on your part to be involved in invoking the act, that you won't agree to appointing a surveyor.

 

[freddiemercurystwin]

I'm guessing they want a comfort letter or similar.

 

[WabbitPoo]

Presumably you followed any other requirements eg building control, planning etc that may have been required?

 

[Mr_T25]

I'm guessing they want a comfort letter or similar.

Thanks for your replies.
Correct, it is more of a comfort letter.

[Edited post]
- Yes building regs have signed off on this and no planning permission required as it is a simple PD extension.

 

[^woody^]

If anything happens in years to come, the neighbours have recourse to claim under common law. In addition, they have insurers to deal with such claims.

If you give them this "comfort letter" then you risk giving them additional rights, implying responsibility when non would otherwise exist.

And what that would do, is invalidate your insurance which would protect you from any such claims, and make you personally liable for the responsibility you imply into your letter.

 

[Mr_T25]

So by back dating a PWA notice rather than a comfort letter, that should not have any impact any more than had I signed a PWA before anyway surely?

 

[^woody^]

So by back dating a PWA notice rather than a comfort letter, that should not have any impact any more than had I signed a PWA before anyway surely?

Invalid, fraudulent and unlawful.

 

[Mr_T25]

Ok so I can still date it as of today even if it is complete (but has little value)?

 

[tony1851]

You say you and the neighbours are on friendly terms, but they appear not to want this matter to rest.
Seem like a PITA to me.

 

[Mr_T25]

Well, I can see where they are coming from, and I was ignorant to think we could keep it simple by verbally agreeing which was the case until the work suddenly started. Need to keep the peace though....

 

[^woody^]

Ok so I can still date it as of today even if it is complete (but has little value)?

I'm not sure you know how the notice works. You don't sign it, the neighbour agrees to your work.

And then when you serve your notice, what if they decide they want to instruct a surveyor as per their right under the Act, to check your work and their property?

And if they just sign it they are signing away their rights and agreeing to your work. So they get nothing at all by signing. Nothing at all.

 

[Mr_T25]

They have agreed to add photos of their existing walls to an annex. No surveyors to be used and we exclude the part that refers to surveyor and keep the photos instead.

I agree with all the comments here but in the situation described I need to do something so what is the best option even if it involved a paper of little value?

Also don't forget I will have another extension to build later in year.

 

[^woody^]

Your extension proposal will have nothing to do with the neighbour, will it?