New neighbours party wall and possible issues

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17 Jan 2012
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Looking for some advice...please be kind. We had our loft done 8.5 years ago. We had an architect design and submit paperwork. We received our Certificate of Lawful Development as well as our Building control certificate at completion. We got along with our neighbours and had a party wall agreement for the extension that was on the party line. I remember discussing the loft work with the neighbours and us agreeing that we can do the work. I know their was agreement that we would repair any issues from our work if needed. The council sent notification. I cannot find the party wall agreement - except a signature page. They never complained or told us of any issue/damages etc. Original work was on an old computer that died years ago.

We now have new neighbours and they are building a loft/dormer conversion. They have stated that our loft should have planning permission as ours was built on the party wall and not the 50cm away from the party wall as stated on our designs. I know this resides with us, but honestly did not know. We cannot see the boundary due to fencing.

Adding to this, when they cleared their loft, they found that our beams had knocked some bricks out. We would pay for the beam issue, but their builder has fixed it. They have now built their own dormer next to ours.

Our builder is long gone.

Relations with the neighbour are tense. They basically said that they can report us and we would be forced to take down our dormer and sue us - though very costly for both of us. Our old neighbours don't have the paperwork and I am sure they don't want to get mixed up in all this. No sure what happened with their surveyor when buying the house.

So looking for guidance about what we should do? Any thoughts or guidance is appreciated.

Thank you for reading this far.
 
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Planning breaches can't be enforced after four years for the loft work. Even if it is a breach, as there is no requirement to step in from party walls.

I don't really understand what your question is for the rest.
 
Planning breaches can't be enforced after four years for the loft work. Even if it is a breach, as there is no requirement to step in from party walls.

I don't really understand what your question is for the rest.
That is helpful. I saw the 4 years law and hoped that that meant we are okay.
 
You're 100% safe. time passed, original PWA, LDC and completion cert ensure. Have your neighbours given you a party wall agreement for their work?
 
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Relations with the neighbour are tense. They basically said that they can report us and we would be forced to take down our dormer and sue us - though very costly for both of us. Our old neighbours don't have the paperwork and I am sure they don't want to get mixed up in all this. No sure what happened with their surveyor when buying the house.

Tell them to go ahead, they will be on a looser. They bought the house as it was, complete with defects and issues at time of purchase.
 
Counter attack. Demand a party wall notice from your neighbour. Tell them you will have work stopped if it is not forthcoming. You have nothing to worry about. All your work is immune from enforcement.
 

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