Party Wall Act - help required please.

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First post, so please be gentle.

My parents live in a 1930s detached house in a cul-de-sac, approximately 50 houses in total, a mix of semi-detached but mainly detached.

The next door neighbour (also detached) has recently gained planning permission to install 2 windows at first floor level on the flank wall over-looking the car port (none of the other houses have applied for this ever) which means that they will need access to my parents property.

We are totally opposed to any access for builders but are being told that the 'Party Wall Agreement' will be sufficient to allow access.

My question is this: Can they do this and how can we stop it?

The Party Wall Act is a minefield and we are searching for any help you might be able to give us.

Apologies if this has been mentioned before - we just need help please.

Thanks for reading.
 
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The PWA wont apply, and they cant use it for getting access. Essentially, the type of work you mention is not covered by the Act, so the Act can't be used

They wont be able to use any other statute Act either (Access to Neighbouring Land Act) as its not maintenance.

Therefore it seems they have no right of access to your parents property.

But consider the consequences of not allowing access - poor quality job, risk of damage due to awkward working etc
 
My god, that was quick Woody! Thank you for being so prompt.

Are you able to state any legislation that I can quote in writing as we are at the stage where the next door neighbour is (probably) going to request access for a PWA surveyor?

I am trying to remove emotion from this situation, but money seems to talk and my parents do dot possess any financial clout to have to go to court over this. Very distressing.
 
My god, that was quick Woody! Thank you for being so prompt.

Are you able to state any legislation that I can quote in writing as we are at the stage where the next door neighbour is (probably) going to request access for a PWA surveyor?

I am trying to remove emotion from this situation, but money seems to talk and my parents do dot possess any financial clout to have to go to court over this. Very distressing.


Linus

Woody etc are the experts but....

As he said the PWA has nothing to do with what the neighbours are planning to do. They cannot use it to access your property. Even if the PWA did apply they couldn't request access to the property for a PWA surveyor unless you agree to the appointment of that surveyor.

Any decent surveyor (ie RCIS registered) will know that the PWA doesn't apply to this case anyway.

But as Woody said there may be reasons why you might consider allowing them access anyway, but that is your choice.

(As mentioned I am no expert in this field but have recently entered into a PWA via a RCIS registered PWA surveyor with my neighbour)
 
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Is there a particular reason to chose not to allow access?

Hi, yes there is; damage to my parents property, the car port and garage.

There is also a request for external cavity wall insulation which I assume will need footings to be dug. The boundary is less than 30cm.

I am only concerned with the access issue as no part of the neighbour's detached property footprint actually touches the land of my parents property.

I cant get my head around PWA - it all seems so complex.

Does it apply to detached properties that have no structural connection?
 
The PWA only applies for a limited scope of work, and if the work is not of the type that applies, then the Act wont apply and so can't be used.

Basically the work must be relating to a shared wall dividing properties, or building new or replacing an exxisting wall on a property boundary, or foundations for a new wall on the property boundary or near to it.

That's not exhaustive, but is the gist of it for the context of this post

The process would be that the neighbour serves a formal "notice" on you, and the notice must contain certain information. One important thing which it must state is under what part of the Act the notice is being served.

On receipt of any notice, if you don't think the Act applies then you just say so. And in your reply, you can state that you explicitly refuse access to any builder or person in relation to the work, and advise that they are not to come on your property.

There is no legislation to quote. Its simply a case of "Don't come onto my land"
 
Is there a particular reason to chose not to allow access?

Hi, yes there is; damage to my parents property, the car port and garage.

There is also a request for external cavity wall insulation which I assume will need footings to be dug. The boundary is less than 30cm.

I am only concerned with the access issue as no part of the neighbour's detached property footprint actually touches the land of my parents property.

I cant get my head around PWA - it all seems so complex.

Does it apply to detached properties that have no structural connection?


You never mentioned the footings before!
 
External insulation will hang off the wall normally. No new foundations
 
Is there a particular reason to chose not to allow access?

Hi, yes there is; damage to my parents property, the car port and garage.

There is also a request for external cavity wall insulation which I assume will need footings to be dug. The boundary is less than 30cm.

I am only concerned with the access issue as no part of the neighbour's detached property footprint actually touches the land of my parents property.

I cant get my head around PWA - it all seems so complex.

Does it apply to detached properties that have no structural connection?


You never mentioned the footings before!

Hence the question regarding access:

Just to clarify, two windows at first floor level on the flank wall have been agreed by planning and we are concerned, and need guidance with legislation on access to my parents property.

Today, external cavity wall insulation has been submitted to my parents address in writing (not part of the planning process) which adds to the stress.

In short, my question (which Woody alluded to) is which legislation can I use to deny access for:

1 - the works to the flank wall
2 - the external cavity wall proposal

We really need help as next door are applying pressure to gain access once the snow has cleared.

Should we get a solicitor letter prepared denying access prior to the PWA surveyor sending his letter?

Woody (anyone else) - any help will be much appreciated.

Thanks for the replies so far.
 
The PWA only applies for a limited scope of work, and if the work is not of the type that applies, then the Act wont apply and so can't be used.

Basically the work must be relating to a shared wall dividing properties, or building new or replacing an exxisting wall on a property boundary, or foundations for a new wall on the property boundary or near to it.

That's not exhaustive, but is the gist of it for the context of this post

The process would be that the neighbour serves a formal "notice" on you, and the notice must contain certain information. One important thing which it must state is under what part of the Act the notice is being served.

On receipt of any notice, if you don't think the Act applies then you just say so. And in your reply, you can state that you explicitly refuse access to any builder or person in relation to the work, and advise that they are not to come on your property.

There is no legislation to quote. Its simply a case of "Don't come onto my land"

Woody - Apologies for sounding daft but what does 'scope of work' mean?
 
My god, that was quick Woody! Thank you for being so prompt.

Are you able to state any legislation that I can quote in writing as we are at the stage where the next door neighbour is (probably) going to request access for a PWA surveyor?

I am trying to remove emotion from this situation, but money seems to talk and my parents do dot possess any financial clout to have to go to court over this. Very distressing.


Linus

Woody etc are the experts but....

As he said the PWA has nothing to do with what the neighbours are planning to do. They cannot use it to access your property. Even if the PWA did apply they couldn't request access to the property for a PWA surveyor unless you agree to the appointment of that surveyor.

Any decent surveyor (ie RCIS registered) will know that the PWA doesn't apply to this case anyway.

But as Woody said there may be reasons why you might consider allowing them access anyway, but that is your choice.

(As mentioned I am no expert in this field but have recently entered into a PWA via a RCIS registered PWA surveyor with my neighbour)

Apologies indus - I completely missed your post.

Does a RICS surveyor really know that this case does not apply?

What was your experience in entering with a PWA/RCIS with your neighbour?

Was it similar - ie; detached property next to a detached property with no attaching walls?
 
Woody - Apologies for sounding daft but what does 'scope of work' mean?

The PW Act specifies what work it relates to - which I called the "scope of the work"

I can't really add anything else to what has already been posted.

TBH, you seem to be stressing unnecessarily about this. From what you have posted, the PWA wont apply, can't apply and no one can make it apply. No-one will deal with this as PW work. No-one can access your land if you don't want them to and its not for you to quote legislation to stop them
 
I still can't understand the reason for all this flapping about. What damage would they do to your parents' property?
 
I still can't understand the reason for all this flapping about. What damage would they do to your parents' property?

damage to my parents property, the car port and garage.

Inform the neighbours that you will only grant access once you have addressed the issues of potential damage. Mention that they can either get a surveyor themselves or you will appoint your own and charge them, to look at the building as it is now and take note i.e. a visual description and some photos. This is so that you can do a 'before' and 'after' comparison.
Also, have them agree that the work must be completed, scaffold removed and any damage repaired in a fair amount of time weather permitting.
 

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