Don't know if anyone can advise. 1925 detached bungalow next door has planning permission to demolish and rebuild six bed house, with swimming pool and gym excavated under the two upper floors, this build will be about two metres from my bungalow and the same to the bungalow the other side. The man who ownes this property is not a builder, but runs a number of companys. On the one time he allowed me to speak to him, i asked will he be having Party Wall insurance to cover myself and other neighbours property as the excavation is very deep and most of the ground is rock. His reply was no not needed and walked off, saying if you want it you pay. I am told a Party Wall insurance is very expensive and myself and other neighbour are pensioners so beyond our means. I looked at the planning permission, the planning officer wrote among other things, and mentioned about Party Wall but now see this was only advisory and not a stipulation. Has anyone also had this problem?. Thankyou.
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Legal confusion.
- Thread starter spinley
- Start date
What is this party wall insurance? I've not heard of it
Do you mean notification under the Party Wall Act and subsequent Party Wall Award if the Act applies?
For reference, certain works may invoke the Act and a certain set of procedures. You need to find out if the Act will apply, if it does and you are not notified then your only option is to get a Court injunction (relatively cheap and you will get costs back).
If the PW Act does apply, the neighbour pays for the surveyor(s) who get involved and write up the Award - which details what is to be done and how.
There is no penalty on the neighbour if he does not follow the Act.
You need to do your research to determine if the Act does actually apply for the proposed works.
Do you mean notification under the Party Wall Act and subsequent Party Wall Award if the Act applies?
For reference, certain works may invoke the Act and a certain set of procedures. You need to find out if the Act will apply, if it does and you are not notified then your only option is to get a Court injunction (relatively cheap and you will get costs back).
If the PW Act does apply, the neighbour pays for the surveyor(s) who get involved and write up the Award - which details what is to be done and how.
There is no penalty on the neighbour if he does not follow the Act.
You need to do your research to determine if the Act does actually apply for the proposed works.
You should be able to approach a local reputable Party Wall Surveyor for some brief advice without incurring a fee, especially if it potentially could lead to an instruction.
I would expect that they could look at the planning application and tell you whether the Party Wall Act is likely to apply and hopefully put your mind at ease. If necessary a well worded letter from a Party Wall Surveyor to the neighbouring building owner explaining the responsibilities of the building owner and legal implications if they proceed without serving notice should get them to do the right thing.
Even if the Party Wall Act does not apply the neighbour still has a duty not to cause damage to your property or cause any undue nuisance. Excavating a basement for a swimming pool and gym in to solid rock will be quite a job with potential for noise and vibration affecting the neighbouring properties.
I always advise my clients to go on a charm offensive prior to building works commencing to get the neighbours on side to avoid any disputes. It sounds like your neighbour is an arrogant fool, that doesn't bode well for a smooth building project or for being a good neighbour.
Looking on the bright side a 6 bed house with swimming pool and gym next door would suggest they your bungalow has development potential, so you could be sitting on a nice little earner.
I would expect that they could look at the planning application and tell you whether the Party Wall Act is likely to apply and hopefully put your mind at ease. If necessary a well worded letter from a Party Wall Surveyor to the neighbouring building owner explaining the responsibilities of the building owner and legal implications if they proceed without serving notice should get them to do the right thing.
Even if the Party Wall Act does not apply the neighbour still has a duty not to cause damage to your property or cause any undue nuisance. Excavating a basement for a swimming pool and gym in to solid rock will be quite a job with potential for noise and vibration affecting the neighbouring properties.
I always advise my clients to go on a charm offensive prior to building works commencing to get the neighbours on side to avoid any disputes. It sounds like your neighbour is an arrogant fool, that doesn't bode well for a smooth building project or for being a good neighbour.
Looking on the bright side a 6 bed house with swimming pool and gym next door would suggest they your bungalow has development potential, so you could be sitting on a nice little earner.
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Just to add, if the PWA does apply, then a condition survey of your property should be part of it. If it doesn't apply, it might still be worth formally getting a condition survey with photos done. The works are obviously going to be substantial, and should anything happen your records could become very persuasive.
If it's 2m away from your wall then you are definitely in party wall territory (unless your place has inordinately deep foundations the new works will be deeper and within 3m)
The basement will need a proper structural design.
Have you been served a party wall notice? Do you have an indication of start date? You are entitled to employ your own PWS (at neighbour's expense) and I would suggest you do. RICS has a list of qualified people and a word with BC might help with a me. Good luck.
The basement will need a proper structural design.
Have you been served a party wall notice? Do you have an indication of start date? You are entitled to employ your own PWS (at neighbour's expense) and I would suggest you do. RICS has a list of qualified people and a word with BC might help with a me. Good luck.
Thankyou, Yes it is 2m from my property wall,i do know my foundations are shallow. We do not have a start date, but have heard it could be within the next three months, not had a party wall notice and the owner seems to be a law to himself. When he bought the old property he came to my door with papers which he insisted i sign to say i would not object to whatever he did with regard to the building,i refused. he also did the same to the other neighbour she refused also saying we would like to see the plans first. He was not happy. As you advise we are now contacting a surveyor. Thankyou.
It seems odd that the planners have approved something so out of keeping with the neighbouring properties
And yes you do need to investigate whether a PWA is appropriate
And yes you do need to investigate whether a PWA is appropriate
You can't instruct a surveyor until a notice has been served and you are in dispute. I can't see a surveyor giving much useful comment for free when not instructed as he wont want to commit. And you need to be careful not to be in touch with a surveyor who has links to the builder!
Check your home insurance for legal assistance cover
Check your home insurance for legal assistance cover
Just send your neighbour a letter suggesting that you believe a PWA was required ands see how they respond
I simply don’t believe that it’s just up to the developer to instigate the PWA and the affected home owner can’t
I simply don’t believe that it’s just up to the developer to instigate the PWA and the affected home owner can’t
You can instruct a surveyor for advice whenever you like. The only problem is that if the Building Owner hasn't served notice your surveyor does not have an official role and you will be paying the surveyor out of your own pocket, not the Building Owner's pocket.
The Party Wall Surveyors must be a friendlier bunch around here. I often give a free initial consultation for small residential work and more often than not give advice on how to avoid the Party Wall Act or to get neighbours to work in harmony to avoid a dispute in the first place.
If the surveyor did have "links" with the builder that would be a conflict of interest and should be declared but I honestly cannot think that is likely.
Whatever you decide to do, take hundreds of pictures of every inch of your property, inside and out, close up and far away.
My friend has been battling in court for years because his property was damaged by work next door but they disputed the amount of damage.
My friend has been battling in court for years because his property was damaged by work next door but they disputed the amount of damage.
Our neighbour threatened us with court unless we got the PWA arranged
But the OP is not going to get any better response than he would get off Chat GPT!
There are no details so he will just get some generic non-comital opinion, not specific advice. If the OP is minded to pay for this then he should at least get as much technical detail and site detail together as possible, else its just wasted money. And what is the hourly rate for PW advice nowadays? £200? £300?
There is little detail so the surveyor can't say if he has links with the builder, other partners, contractors etc. Normally its best to await to see who the builder may appoint.
There is a planning application for the adjoining development so a 10 minute search on the council's planning website will provide a wealth of information. I usually work from a planning application to advise if the Party Wall Act is likely to apply, it's not rocket science.
As for your last paragraph, the builder doesn't appoint the surveyor it is the building owner. From the OP's description it sounds like a member of the public or at worst a small scale developer. If the OP approaches a surveyor and they already have an instruction or subsequently receive an instruction from the building owner then they would be acting illegally if they continued with both instructions. It simply isn't going to happen.
And I think that last sentence is I’ll judged.
Wait for the home owner/ builder? If that is a stance then nothing will get done
The proximity of the new build , with a cellar means the PWA must apply
The op needs to write to the owner concerning this matter and advise them that if they do not take steps to start the process concerning the PWA you will be taking legal advice concerning a court injunction to stop the development. Obviously they need to coordinate with the other neighbour
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