I own a 1st and 2nd floor maisonette. The ground floor shared freeholder is accepting of my plans. The neighbours to the right (No.5) are accepting of my plans. The neighbours to the left (No.1) are NOT accepting of my plans.
My plans are:
1. To replace the timber structural wall on 1st floor with an RSJ. The RSJ would connect into party walls either side.
2. To replace the timber structural wall on 2st floor with an RSJ. The RSJ would connect into party walls either side and the angle will be changed.
3. To remove chimney breasts on side of No.5.
4. To convert the roof from valley roof to roof terrace.
The Party Wall notices that I submitted were identical, i.e. all detailed items 1, 2, 3 and 4. The left hand side is the concern however in my opinion they do not have any say on item 3 as it does not apply to their side.
Item 4 they do have a say on and that is understandable. Item 4 is the lowest priority.
Items 1 and 2 are extremely important as every day that passes is costing me money.
It is my understanding that Party Wall agreements must be in place if any changes are to be made to the party wall, however what if I were to remove the structural timber frame and insert an RSJ in exactly the same position that the timber currently connects into without making any changes to the wall itself?
Quoted from the Party Wall Act:
The most commonly used rights
are:
• to repair a party wall
• to insert a damp proof course
• to underpin the whole thickness of a party wall ( for example to prevent
settlement)
• to cut into a party wall to take the bearing of a beam (for example for a loft
conversion).
• to raise the height of a party wall (for example adding another storey).
• to raise a party wall downwards (for example to form a basement)
• to demolish and rebuild a party wall (for example if it is structurally defective).
• to underpin the whole thickness of a party wall (for example to form a
basement)
• to cut off projections from a party wall (or from an adjoining owner’s boundary
or external wall) if necessary to build a new wall adjacent to that wall (for
example removing a chimney breast).
From this I understand that I am entitled to install an RSJ without PW agreement as long as I do not cut into the wall any more than currently exists. No doubt this will cause an inconvenience but I would rather try and work around an inconvenience than pay out thousands in surveyor's fees.
My plans are:
1. To replace the timber structural wall on 1st floor with an RSJ. The RSJ would connect into party walls either side.
2. To replace the timber structural wall on 2st floor with an RSJ. The RSJ would connect into party walls either side and the angle will be changed.
3. To remove chimney breasts on side of No.5.
4. To convert the roof from valley roof to roof terrace.
The Party Wall notices that I submitted were identical, i.e. all detailed items 1, 2, 3 and 4. The left hand side is the concern however in my opinion they do not have any say on item 3 as it does not apply to their side.
Item 4 they do have a say on and that is understandable. Item 4 is the lowest priority.
Items 1 and 2 are extremely important as every day that passes is costing me money.
It is my understanding that Party Wall agreements must be in place if any changes are to be made to the party wall, however what if I were to remove the structural timber frame and insert an RSJ in exactly the same position that the timber currently connects into without making any changes to the wall itself?
Quoted from the Party Wall Act:
The most commonly used rights
are:
• to repair a party wall
• to insert a damp proof course
• to underpin the whole thickness of a party wall ( for example to prevent
settlement)
• to cut into a party wall to take the bearing of a beam (for example for a loft
conversion).
• to raise the height of a party wall (for example adding another storey).
• to raise a party wall downwards (for example to form a basement)
• to demolish and rebuild a party wall (for example if it is structurally defective).
• to underpin the whole thickness of a party wall (for example to form a
basement)
• to cut off projections from a party wall (or from an adjoining owner’s boundary
or external wall) if necessary to build a new wall adjacent to that wall (for
example removing a chimney breast).
From this I understand that I am entitled to install an RSJ without PW agreement as long as I do not cut into the wall any more than currently exists. No doubt this will cause an inconvenience but I would rather try and work around an inconvenience than pay out thousands in surveyor's fees.
