How to move forward the party wall agreement process

[wessex101]

I would be seriously tempted to just crack on and get the beams installed whilst the other surveyor is out of the country.

Once they are in the worst he can do is claim for damage to the party wall which will probably be the cheaper option.

 

[^woody^]

If there is a part complete award, then a survey should have already taken place. This will have recorded any damage and there would be pictures.

 

[^woody^]

You may well have to ignore them and just crack on and call their bluff.

I believe a draft award has been sent already, including a schedule of condition

The method statement we have supplied says "insertion of steel beams and padstones/spreader plates into the party wall structure using hand tools to a depth not exceeding more than half the thickness of the wall"

Presume this isn't going to take long. What is the worse that could/would happen if OP just went ahead and did the work? Liable for any damage?

The worst that could happen is the neighbour seeking an injunction. That's extreme, but would depend on the neighbour.

That's where changing the work and withdrawing the notice comes in. The Act can't be used when it does not apply to the work being proposed, and neither does any injunction.

 

[She17]

My builder says he says he can't do work without using party wall. So I have decided to kick start things on both fronts, my surveyor is doing the ex parte process as its not my concern that other surveyor is unavailable. I've asked my surveyor to confirm just how long the neighbours surveyor has been sitting on the schedule of conditions (which does include descriptions and photos of neighbours property) and the party wall agreement.

With the neighbours surveyors past behaviour I'm in agreement with you guys that the ex parte route most probably won't work. However as there is a schedule of conditions for neighbours property, I've asked my builder to wait the 10 days then proceed with the work. I need to put an end to this asap. If neighbour wants to take legal action there is nothing I can do to stop them.

 

[tony1851]

@ op; do you have to use the p.w. for structural support? Is your builder just suggesting that as the easy option?
There are often ways to do it without using the p.w.

 

[Notabrickie]

@ op; do you have to use the p.w. for structural support? Is your builder just suggesting that as the easy option?
There are often ways to do it without using the p.w.

Maybe his BCO is insisting on it because it's the method he understands.

 

[She17]

Limewash - it wouldn't surprise me if this was the case. My council liked to use there full allocated time for any building regs/planning applications, regardless of complexity of the work being done. Permitted development approval took as long as a full planning application - 3 months. I believe the building regs took a further 2/3 weeks ontop of this. I have neighbours who haven't bothered with either - I see why now..

 

[tony1851]

@ op; do you have to use the p.w. for structural support? Is your builder just suggesting that as the easy option?
There are often ways to do it without using the p.w.

Maybe his BCO is insisting on it because it's the method he understands.

The BCO has no right to insist on any particular method, just because it's the one he happens to understand.
If the client, builder, architect or SE comes up with a viable alternative to using the party wall for support, problem solved.

 

[tony1851]

Limewash - it wouldn't surprise me if this was the case. My council liked to use there full allocated time for any building regs/planning applications, regardless of complexity of the work being done. Permitted development approval took as long as a full planning application - 3 months. I believe the building regs took a further 2/3 weeks ontop of this. I have neighbours who haven't bothered with either - I see why now..

You shouldn't have bothered with applying to the planning department for what is clearly permitted development.
You don't have to wait for Building Regulations approval either; you just submit the application and get stuck in.

 

[She17]

Update so far, on day 5 of 10 day ex parte notice , the neighbours survey has responded to say (begrudgingly) that the award can be made by day 9, and that the fee proposed by my surveyor is fair (they clearly wanted more). Lets see what what happens at the end of the week.

 

[wessex101]

Sounds like your surveyor has finally got his act together, hopefully a good result...eventually.

It wasn't Mr. Bromley was it? I noticed he did fixed fees but after repeatedly plugging his website all his posts have disappeared.