Help - Need Party Wall Advice

We have recently started an extension and unfortunately our architect did not inform us about the PWA - our neighbour who's son is a solictor came round once we had started and stated that we should should have provided them notice in writing of our plans (we did discuss this with them verbally). We stopped work immediately and provided our neighbours with a notice.

They have now instructed a solicitor (via their son)who has sent us a letter stating that they will not prevent us from continuing with our extension but that we can not be certain that no damage has been done to their property because of the work that we have completed so far.

We are thinking of suggesting that we appoint an independent surveyor to come and inspect both properties as we do not want to continue with the work incase we may be liable for anything in the future - any advice would be much appreciated

I would save your money, take some photos now yourself. the issueing of a party wall notice does not absolve you of any liability for any damage you cause whilst building your extension. thats why your builder should be insured. Also there is no legal penalty for not issueing one.
The PWA was put in place to get neighbours talking and to try to resolve isues before building started and to prevent costly legal battles over building works, it doesn't allow your neigbours to stop you carrying out any legal works you may want to do nor does it resolve any boundry disputes .It is just to help highlight these points before works commence.
providing you cause no damage, do not encroach on your neighbours land either during the build or by way of your build, then you should have no problems.
If they think you have caused damage to their property i would let them appoint their own solicitor and see them in court, if it turns out that you have caused any damage (which is unlikely) then i would let them claim against your builders insurance as it will have been him who has caused the damage.

PWA or not you are still responsible if your work causes damage to the neighbours property, so in this respect the PWA is irrelevant.

As you have started the PWA is a waste of time now, and the Solicitor should know this

You can carry on, but the solicitor may apply for an injunction to halt work. But as he has stated that he is not going to stop you carrying on, then an injunction is not likely.

With regards to his inference that your work has caused damage, then you should ask him if there is damage and if the neighbour is alleging damage. No ifs, or might-bes .... is there damage or not. This is what you want answered.

Tell them that as far as you are aware, the work you are doing is standard work and work which is not likely to cause any damage to adjacent properties. Tell them that contrary to their letter, you are certain that no damage has been done, but if the neighbour has any proof or expert report to prove otherwise, then you would be happy to review it.

Don't get involved in appointing a surveyor. If the neighbour is alledging damage, then let him appoint a surveyor and let him make the claim. Then you answer it with your own appointed surveyor if need be

Don't be bullied or pressurised by Solicitors and their letters.

We are building the extension ourselves and have not employed a builder - do you think we should still carry on regardless?

If there is damage you will be able to look over the fence and see it!

I would carry on and let the neighbour make his claim if there is one to make.

Wait 10 or so days and then reply to the solicitor - stating that there is no damage to the neighbours property as far as you are aware

The PWeA does not automatically apply just because you are building an extension. Are you certain it applies in your case?

If it does I would always advise a condition survey of the adjoining property. Condition surveys protect the builder more than the adjoining owner. Your neighbour will be looking very closely at thier walls, ceilings, floors, door frames, skirtings etc. whilst the works are going on and if there is any hairline cracking around edges and corners (which is pretty commonly the case) you will get the blame for it even though it may have been there for years.

The PWeA cannot be applied retrospectively so if you have allready excavated there is no point serving notice now. But I would still do a condition survey if they will allow you to.