Advice needed on wording of party wall agreement.

[Marth39]

Hi, i am drafting a party wall agreement for my adjecent neighbours to notify them of removal of a chimney breast.

The siting of the breast is not against our party wall at room level but in the roof space it turns at an angle and proceeds upwards to the stack that we share.

I've got the structural enginner plans which says two 10 mil expanding bolts need to go into the party wall in the roof space to properly support the stack.

This neighbour removed her chimney breast in December and I know did not gain freeholder consent or building control. I've met the builders who did the work and have had a look at the work. From what they said it seems that they affixed the gallows bracket to my neighbours stud wall, and not the party wall.

I don't foresee any problems with them giving consent but want to cover myself in the event that if their stack was not properly supported I will not face any extra expense. As far as I am aware I need to state that the cost of the building work is borne by me.
but the notes for the party wall agreement state:

Who pays for the building works?Your agreement with the Adjoining Owner, or the award in the event of a dispute,
will set this out.
The general principle in the Act is that the Building Owner who initiated the work pays for it if the works are solely for his benefit. However, there are cases where the
Adjoining Owner may pay part of the cost, for example:
where work to a party wall is needed because of defects or lack of repair for which the Adjoining Owner may be responsible (in full or in part).

I feel if I incorporate this part, they will ignore my request (at best) as they will not want to be liable for any extra cost if this arises due to the work they had done. But I feel if I do not include it and extra costs arise I will be up the creek without a paddle if it ends up costing me loads extra.

Any advise really gratefully received.

 

[westeleven]

Minefield!

http://www.diydata.com/planning/party_wall_act/party_wall_act.php good luck

 

[Marth39]

Hi, thanks, I think it will be too.

Does it always have to be a party wall agreement or is it enough to get in writing that they don't object to the work being carried out, during reasonable hrs etc?

 

[paulandfrodo]

Go for an informal agreement. Just nice simple english - common sense usually prevails, do a first cut, make sure next door is happy, then print and sign. I usally view the fact I would rather do a couple of hundred quids worth of work for next door than give the money to a solicitor to smooth the way.

However, I thought it was a no no removing both chimney breasts and leaving the top of both chimney breasts sitting on gallows brackets?

As long as your insured structural engineer is happy...

 

[Marth39]

Thanks for that. I've gone the informal route and got written consent from my neighbour. but what you have said about the use of gallows brackets concerned me also.

I've been trying to find out what an engineer needs to consider when doing a calc, esp on a party wall property, and if they need to take notice of different local authority guidance around what is acceptable to their building control, but can't find anything.

Any pointers towards next steps I could take would be greatly appreciated.