But we don't know the terms of the agreement. So far as we know, the neighbour declared that padstones would be going into the wall, but this does not imply that the dormer wall would be built off the party wall.
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L shape loft conversion boundary query
- Thread starter MrHappygolucky
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But we don't know the terms of the agreement. So far as we know, the neighbour declared that padstones would be going into the wall, but this does not imply that the dormer wall would be built off the party wall.
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So in your opinion Woody, all is fine with how the neighbour has built their loft?
the question is how it’s finished from the outside no? I mean if they had built in by even 100/200mm....
1) the waterproofing lead flashing would be on their end. although this isn’t a big problem, from previous comments they could at least lead completely over the parapet wall to make it a perfect job.
2) there would be sufficient gap when I come to build my loft in the future without having to disturb the neighbours dormer.
3) party wall aside, is this build even in line with PD. I am sure the party wall act doesn’t overrule PD
it’s a shame our council doesn’t allow for extending the parapet/party wall which would solve this issue I guess
the question is how it’s finished from the outside no? I mean if they had built in by even 100/200mm....
1) the waterproofing lead flashing would be on their end. although this isn’t a big problem, from previous comments they could at least lead completely over the parapet wall to make it a perfect job.
2) there would be sufficient gap when I come to build my loft in the future without having to disturb the neighbours dormer.
3) party wall aside, is this build even in line with PD. I am sure the party wall act doesn’t overrule PD
it’s a shame our council doesn’t allow for extending the parapet/party wall which would solve this issue I guess
No it's a crap job going by the pictures, but in terms of the PW Act it seems to be in accordance with
what was agreed.
I normally encourage neighbours to agree things outside of the Act to avoid unnecessary (and often unfair) surveyor costs.
This is one time when I would suggest that adjacent owners carefully study any PW Notice served on them to fully understand the implications both during the build and afterwards, and if concerned to instruct a PW surveyor.
Your problem now, is if you plan similar work, serve a similar notice and then the neighbour disputes and lands you with the cost of surveyors and they insist on onerous extra works or compensation as part of your building work.
You could avoid serving a notice, or just bring your dormer in so as not to touch the party wall.
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And here I was thinking that I’d be a good neighbour and be as supportive as I could.
catch 22. Your point is right, when I serve my notice he can indeed object and even worse request for 2 independent surveyors at my cost.
Thanks
catch 22. Your point is right, when I serve my notice he can indeed object and even worse request for 2 independent surveyors at my cost.
Thanks
Worse than that, it could actually be three!
You could agree on a single surveyor though.
Section 2 allows cutting into the wall for any purpose, which would include inserting padstones (para (f)). It also allows for removing a chimney (para (g)). Admittedly S.2 allows for raising a party wall (para (a)), but that is not mentioned in the Notice.
I would argue that this implies that there was no intention on the part of the adjoining owner to raise the party wall. The drawing in any case clearly shows the side of the dormer against - but not on - the party wall.
It says dormer on the notice!
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It does say dormer but doesn’t say that dormer will be built on the party wall or whether they were going to raise the part wall. Just that padstones will be constructed to place steel beams. So this is something raise for sure
No it does not, that's why it should have been clarified.
As it says dormer in the description of works, and as its served under s2, then that's what's been agreed.
Whether it's badly worded from ineptitude, or cleverly worded from cunning, is debatable. None the less it's been agreed.
Yes, but the word 'dormer' doesn't imply that it is to be built off the p/wall. A dormer can be quite small.
When a notice is served pursuant to the Act, the description is what work will be done under the Act.
If it's in the description, that's what the OP is agreeing to, not some random dormer that may or may not be on the party wall. The notice is explicit.
The OP can't agree to a dormer that is not on the party wall. That's nonsense, and is not what the PWA is about.
Agreed. But the padstones are on the party wall and the OP has agreed to that. But that does not imply that the dormer cheek or wall would necessarily be built on the party wall - a completely different matter.
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