Party wall frustration!

[blightymam]

Helloooooo!

I wonder if there is anyone around who can advise, as am beginning to pull out my hair and I'd like to keep it!

Moved in 7 weeks ago into a property and are planning what we can to to do it up as its a right state. At the moment we're trying to get a party wall agreement with next door - but its council owned and of course, anything to do with the council is an absolute nightmare! We want to remove a chimney breast in the upstairs bathroom, and check that the part removed downstairs has been done correctly, as whoever owned this house before we bought it was, lets be polite and say, a bit of a novice with DIY and there was no agreement or evidence that it was done well.

So far I have phoned the housing dept, who fobbed me off to the dept who fix stuff, lol. They hummed and ahhhed and said I needed to go to planning permission who told me that I had to apply for planning permission. As it would cost £300+ and take a long time, I said that we dont legally need planning permission, just a party wall agreement. They then sent me to buildings regs, who told me that they dont deal with it, get in touch with the housing dept! So a lovely full circle achieved.

When I explained to the lovely chap at buildings regs that I was being sent around and around, and that was fed up, he suggested just writing to each dept, leaving it a month, then go ahead with the work anyway, saying that I had made all reasonable attempts to contact the council and sort it out. We've already got plans drawn up by a structural engineer, and everything done correctly.

Is he right to suggest this? Or does anyone have any idea how I may obtain a party wall certificate by councils? The tenant next door has been there 30 years, and says do what we like, he dosent care. Top geezer!! Grins.

Any advice be very very gratefully received, bloomin councils!

 

[^woody^]

he suggested just writing to each dept, leaving it a month, then go ahead with the work anyway, saying that I had made all reasonable attempts to contact the council and sort it out.

No he's totally wrong

If you serve a notice under the PWA, and get no reply, then a dispute is automatically deemed to exist. You then need to appoint your PW surveyors.

If this palaver is what has happened before serving a notice, imagine what it will be like later on. You may want to consider just getting on with it and not bothering with a notice.

If its a council house then you serve on the housing dept. To their published address or to the relevant housing director or just the cchief exec. You just send the notice, wait the required period depending on what part of the Act you are serving, and then go to the next stages as and when. It need not be stressful. If you get no reply after the notice period, then you can instruct your own surveyor for them

 

[blightymam]

If you get no reply after the notice period, then you can instruct your own surveyor for them

Sounds like we're in for an expensive time...

Thanks a million for your reply, appreciated a lot! I did think it sounded a bit dubious, just going ahead anyhow.

Have a great weekend

 

[jeds]

If the ground floor breast has already been removed it's highly unlikely you will cause any more risk by removing the first floor. Particularly if you have engineers instructions and follow them carefully. The party wall act cannot be applied restrospectively so once the removal is done the act is not longer relevant. So the only risk really is directly related to any damage you might cause and that you might have to carry out some repair or making good. I presume you'd be willing to do that anyway if your works do cause some damage.

So my advice is get on with it. Work carefully so as not to cause any damage. That will be the end of it. Risk to you is so small its not worth worrying about.