Help party wall or not?

[sl77]

Hi all, first of all I am a noobie so please forgive me if I make any errors. . Basically I have an issue with what I think is a party wall. I live in a semi detached house and both me and my neighbour that we are joined to have extensions to the rear of our properties. I think but am not sure but next doors extension was built first and ours was built after.
next door are planning to build a new extension that I have no problems with at all but part of this involves knocking down their extension that joins ours. I am concerned that this may leave my extension in an unsafe condition as I am not sure how the extensions were built.
I mentioned this to my neighbour after looking at their plans and they basically shrugged their shoulders as if to say that's your problem.
I have looked on the party wall act and as far as I can make out our neighbours should be seeking to get us a party wall agreement before starting work?
what I really want to know is if my property is left in an unsafe condition following the works who has to pay for it? I really cant afford a big bill to fix an issues.
and how can I be sure this is a party wall?
Thanks in advance
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[^woody^]

If a wall is astride a boundary (ie the boundary runs through it) then it is a party wall

If the wall is used to enclose a room on either side, then its a party wall

 

[sl77]

okay thanks for that but I am not sure that either wall actually crosses the boundary line its more like they have both been built right up to the boundary line if you see what I mean. the extensions where build before me or next door owned the properties arpund 30 years ago so I am not actually sure how they have been done. I know that there is no gap between them at all and that the felt roofs for them both are joined together.
Any further advice much appreciated.

 

[^woody^]

If you have each got your own unconnected wall for your own extensions, then the wall is probably not a party wall under the PWA.

However the gigging of new foundations may invoke the Act

Without seeing a plan or picture, then it wont be possible to comment further

 

[sl77]

Woody thanks very much for your help with this I am in a bit of a panic about it all. if I took a picture of the two extensions and posted them up would that help?
Thanks again.

 

[sl77]

//www.diynot.com/network/sl77/albums/ here is the link to the pics in my album. they are not the best but nextdoor are currently in so don't want to cause any issues[/img]

 

[wessex101]

Measure the distance between the internal reveal to the door and the wall separating the two extensions and then you should be able to work out the thickness of the separating wall and therefore its likely position in relation to the boundary.

Even if it is not a party wall there are other controls, line of junction, 3 metre notice etc.

Even if none of these apply your neighbour should not cause any damage to your property or if they do they should undertake any repairs, such as the junction to the roof. If they are being uncooperative it might be worth speaking to a local building surveyor for advice.

 

[sl77]

Thanks for that Wessex. after a bit of measuring I think that their extension wall is sitting astride the boundary line so is therefore a party wall and so therefore they shouldn't be able to knock it down with informing me and gaining a party wall agreement.
The walls are physically joined as there is no gap between them so one of them must be astride the boundary line therefore one must be a party wall.
does it actually matter who owns the party wall.
Thanks again all.

 

[^woody^]

The other way to check, is to see where the line of the extension wall is in relation to the main house party wall.

In any case, if the neighbour does not serve notice, then you will have to seek a court injunction to stop the work. So you need to act fast if work starts with no notice being served, and you are confident that the Act applies

 

[sl77]

I am not 100% confident and I am not looking to stop the work / extension at all I just want to be sure that any damage caused & that the side of my extension is left in a good state. I don't want to getting big bills for damp issues or roof problems following the work that they have carried out

 

[^woody^]

The PWA gives you no more rights than you already have in common law. If the neighbour damages your property, then you can sue for your losses

It just makes it a bit easier if you have a before and after survey to support any claim you may have to make

 

[wessex101]

The PWA gives you no more rights than you already have in common law. If the neighbour damages your property, then you can sue for your losses

The big difference is that The Party Wall Act enshrines rights and obligations that can be enforced at no cost to the adjoining owner eliminating the cost and risk of court action. It also protects the building owner undertaking the work from a neighbour's wilful obstruction, unnecessary delays and potentially spurious legal action.

Having said that, I always maintain that in a domestic extension situation it is usually far better to proceed amicably between neighbours whilst still complying with the Act (potentially at no cost to both parties) and only get a surveyor involved if one of the neighbours is being difficult or the build is especially complicated.

 

[^woody^]

There will always be a cost in enforcing any rights granted by the Act, with risk of non-recovery of all or any costs

 

[wessex101]

There will always be a cost in enforcing any rights granted by the Act, with risk of non-recovery of all or any costs

Certainly not for the adjoining owner (neighbour), that is one of the mainstays of the Act. To protect adjoining owners from damage and undue disruption, trespass etc. at no cost to themselves.

As for the building owner (builder), all the documents and guides are freely available on the internet so anyone with enough gumption can do it themselves, providing the neighbour assents to the notice.

 

[^woody^]

The adjoining or building owner will have to pay someone (a solicitor) if they want to enforce any rights granted by the Act. Noone is going to work for free. Recovery of those costs is not guaranteed