Party Wall - please help!!

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21 Mar 2011
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I am planning a side return extension to my victorian mid-terrace property in london. The neighbouring property which shares the party wall has been sub-divided into 3 flats. I have show all 3 of the owner-occupiers the drawings, and they are happy with my plans. (ie I will be buildinga new wall astride the boundary).

Now I thought it would be as easy as drafting a letter (to include wording relating to excavating within 3m of their foundations), attaching architectural drawings, and structural drawings etc and getting them to sign a letter of consent.

I have spoken to 2 surveyors who have both told me i need to do more.

One is saying I need to do a 'full photographic survey' of all 3 properties inside and out (which to me sounds like taking some photos).

The other is saying I should put a Party Wall Award in place, to be safe.

Both are happy to charge me handsomely for the work !!

Any advice is very welcome.

Tom
 
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To build a new wall astride the boundary, then you need express consent from the landowner - this is completely different to the PW Act or any thing else.

In addition you will need a PW agreement to build astride the boundary.

When you serve notice under the PW Act, there is no set requirement for any survey or photographs, so if your surveyors are telling you this, then you should avoid them on the basis that they are clueless.

At the minimum you need to serve notice on all tenants/leaseholders and the landlord. Bare in mind that each one can appoint their own surveyor and do not have to agree on a using the same one. It is then that they will agree want type of survey is required
 
Hi

If you can get your neighbours to sign a letter of consent as you originally proposed then do that, but, if you get their wind up you will possibly find that the only option left open to you will be the Party Wall route.

Looking at a worst case scenario you should obtain a couple of more quotes before committing yourself.

Regards
 
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The condition and photo survey is probably the most important thing from your point of view. When you start work your neighbours will suddenly notice any cracks and blemishes around the party wall and your works will be blamed. It is essential that you have any pre-existing cracks, blemishes, defects properly recorded, otherwise you will have no defence. I would say in probably 30% or 40% of party wall awards I have done over the years at some point I have had to walk around with survey schedule in hand proving to neighbours that defects were there before the job started. Even then they sometimes have a hard time believing it.
 

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