Serving a party structure notice for a loft conversion

[sapphirenick1]

Hi all

I am new on here and hope you can help me!

I have received planning permission for a loft conversion and a small roof terrace on our victorian house.

I want to send over a Party Structure Notice and hope the neighbour will sign.

I have found various templates online, but I am stuck when it comes to one bit.

HEREBY SERVE YOU WITH NOTICE THAT, IN ACCORDANCE WITH MY RIGHTS:
Under Section 2 (2), paragraphs (which paragraphs?)

I am sure I am being completely stupid here but I cannot find which paragraphs I need to reference? I have looked on various templates and they all seem to reference difference paragraphs.

Is anyone able to tell me which each of the paragraphs is (is there a list A to G etc)?

Any help much appreciated.

 

[jeds]

If your neighbour is up for agreeing the works a formal notice isn't strictly necessary. s.6 agreements can only be done under notice but s.2 agreements can simply be agreed and confirmed in writing. My advice is show them the plans and if they are ok with it just set out the agreement in an informal letter. Ideally you'd get them to sign it but asking a neighbour to sign something can put the wind up them, so I wouldn't push that too hard. Remember that all this means nothing unless you actually cause any damage, so make sure you do the works belts and braces and don't do anything that might. One thing I would certainly do is a condition survey of the neighbours side. Record and photograph any cracks or defects to walls, wall junctions, window frames, door frames, ceilings etc. Let the neighbour have a copy. When works are happening next door the tendency is to look up at the corner and suddenly notice a crack that has probably been there for months. If that crack isn't noted on the schedule of condition then it's down to your works.

 

[sapphirenick1]

Thanks very much!

They want to sign the notice but have suggested they may want a surveyor.

Will definitely take the photos but I wanted to know which paragraphs I needed to indicate - do I need to say paragraph A etc, or just omit the note about which subsection paragraphs I am referring to?

 

[jeds]

Just list the sections that apply. s.2(a), for example, is underpinning. if you are underpinning then you'd include it. if not, don't. s.2(b) is repair, demolish, rebuild the party wall. (c) is demolish, rebuild a partition which separates buildings. etc.

I would have thought the only ones applicable to your situation would be f and k.

 

[sapphirenick1]

Just list the sections that apply. s.2(a), for example, is underpinning. if you are underpinning then you'd include it. if not, don't. s.2(b) is repair, demolish, rebuild the party wall. (c) is demolish, rebuild a partition which separates buildings. etc.

I would have thought the only ones applicable to your situation would be f and k.

Thanks so much!
Do you have a list of which each section refers to?

I will be cutting into walls for the beams, raising the height of the parapet walls, removing my side of a redundant chimney - the remains of which are currently supported in the roof void.
Stepped flashing

Thanks again!

 

[sapphirenick1]

A template I found for a loft conversion listed a, b, c, g, k & l so I would like to see the list, really. Unless I don't list the paragraphs at all?

 

[jeds]

www.legislation.gov.uk/ukpga/1996/40/section/2

 

[sapphirenick1]

Thanks, thats great - I have seen that a few of the templates I have found online don't actually list the separate paragraphs so is it okay to do what they have done and say?:

I hereby serve you with notice, as required by Section 3 (1), in accordance with our rights under Section 2 and with reference to the party structures separating the above premises, it is intended to carry out the works detailed below after the expiration of two months from service of this notice.

 

[tony1851]

Why not just write out in plain English what you propose to do?

If you start putting in 'paragraph this' and 'sub-paragraph that' and all the other waffle, it just makes the neighbour wary.

Those templates are only really suggestions.

 

[sapphirenick1]

I do agree - I took out the bit about the paragraphs anyway, but I hope she doesn't dissent!
Thanks for the help - much appreciated!

 

[geraldthehamster]

I do agree - I took out the bit about the paragraphs anyway, but I hope she doesn't dissent!

I hope so too. I had a disagreement with neighbours once about a loft conversion, and it cost me over 900 quid in surveyors and structural engineers...

Cheers
Richard

 

[sapphirenick1]

I do agree - I took out the bit about the paragraphs anyway, but I hope she doesn't dissent!

I hope so too. I had a disagreement with neighbours once about a loft conversion, and it cost me over 900 quid in surveyors and structural engineers...

Cheers
Richard

Madness really. The thing is, when it will come to the neighbours turn to do it, if they have stung you, you are only going to do it to them. The only people who win are the surveyors.

Ultimately, if there is nothing to stop you doing the work, I don't see the point in the surveyors other than creating a whole new money making industry.

I will take photos before and after and am happy to repair any damage if it happens. Cant say fairer than that, really!

 

[tony1851]

I don't see the point in the surveyors other than creating a whole new money making industry.

That's the whole point of this legislation. It was pushed through Parliament by some lord or other (I forget his name) but he was by profession .......... a surveyor.

Galling thing is that these people charge ridiculously high fees (often more than an SE might charge for calculating your beams, for example). But all they give you is a load of cut-and-paste nonsense. It doesn't alter the legal position if you cause damage.

If your neighbour insists on a PWA surveyor, my guess is that he won't even go up into the loft to check the condition of the wall - he won't want to dirty his smart suit.