So, i'm currently in the process of planning an extension and am reaching the final stages where I hope to get some quotes from builders. My AT has mentioned the Party Wall Act and said I will need to get consent from my neighbours regards works i'm doing.
I am building a 3m rear extension which is proposed to stay within the boundary line on both sides (well, up to the limit). I live in a mid terrace and as I see it will need consent for the following:
1) Removal of chimney breast.
2) Excavations for foundations (as they will be within 3m of the rear wall of the neighbouring terraces at the nearest point).
Having just spent a few hours searching for info on the PWAs it appears that any disputes can get very expensive very quickly. Assuming I have understood it right, if consent is not given I will need to appoint (and pay for) my own surveyor to draw up a party wall award (i.e. the current state of both properties prior to works being carried out), appoint or allow the neighbour to appoint their own surveyor for the same (which I also pay for) and then crack on with the work, servicing the costs of both surveyors as any enquiries with the build appear as work progresses. Have I got this remotely right?
Now, on one side I think consent will be granted. Their main concern will be over a loss of light (which I believe isn't covered under the PWA anyway) but I think they'll be happy enough to sign a notice. At this point I've just popped round informally and sent them the plans.
The other side will be a little more tricky. It is a house that has been illegally converted into flats with a lean to on the side that is being rented out by the rather unscrupulous landlord. The planning enforcement at the LA are in the process of trying to take him to court over this but can't find him as he spends most of his time at home in Egypt... I feel that getting him to sign anything that looks anything remotely legal (or even getting it to him in the first place) is simply not going to happen. And that if I sent the form and he ignores it/never sees it then within 14 days a dispute is understood to have arisen and it becomes time to appoint surveyors.
I'm considering not telling him and just starting the works. Risky I know but as I understand it once the excavations are completed the only comeback that I can have is that he could allege that I damaged his property while completing them (and sounding like a bit of a sheister, he may). However, he still has to be able to show in court that the work I have done has caused this damage and this is highly unlikely considering what is being done.
Just wondered anyone's thoughts on the above? It's not the way I like to do things but I reckon excavations could be completed before (even if) he is even aware that I was doing work - and this is assuming he is even aware of the party wall act in the first place...
I am building a 3m rear extension which is proposed to stay within the boundary line on both sides (well, up to the limit). I live in a mid terrace and as I see it will need consent for the following:
1) Removal of chimney breast.
2) Excavations for foundations (as they will be within 3m of the rear wall of the neighbouring terraces at the nearest point).
Having just spent a few hours searching for info on the PWAs it appears that any disputes can get very expensive very quickly. Assuming I have understood it right, if consent is not given I will need to appoint (and pay for) my own surveyor to draw up a party wall award (i.e. the current state of both properties prior to works being carried out), appoint or allow the neighbour to appoint their own surveyor for the same (which I also pay for) and then crack on with the work, servicing the costs of both surveyors as any enquiries with the build appear as work progresses. Have I got this remotely right?
Now, on one side I think consent will be granted. Their main concern will be over a loss of light (which I believe isn't covered under the PWA anyway) but I think they'll be happy enough to sign a notice. At this point I've just popped round informally and sent them the plans.
The other side will be a little more tricky. It is a house that has been illegally converted into flats with a lean to on the side that is being rented out by the rather unscrupulous landlord. The planning enforcement at the LA are in the process of trying to take him to court over this but can't find him as he spends most of his time at home in Egypt... I feel that getting him to sign anything that looks anything remotely legal (or even getting it to him in the first place) is simply not going to happen. And that if I sent the form and he ignores it/never sees it then within 14 days a dispute is understood to have arisen and it becomes time to appoint surveyors.
I'm considering not telling him and just starting the works. Risky I know but as I understand it once the excavations are completed the only comeback that I can have is that he could allege that I damaged his property while completing them (and sounding like a bit of a sheister, he may). However, he still has to be able to show in court that the work I have done has caused this damage and this is highly unlikely considering what is being done.
Just wondered anyone's thoughts on the above? It's not the way I like to do things but I reckon excavations could be completed before (even if) he is even aware that I was doing work - and this is assuming he is even aware of the party wall act in the first place...
