Neighbour likely to refuse to enter into a party wall agreement?

[Hawksmoor]

A client wishes to extend his 'link detached' home(only the garages are connected). Neighbour has basically said 'no way'. Planning approval should not be a problem, but not sure how we can achieve a party wall agreement if the neighbour objects to my clients extension over his garage?

 

[^woody^]

If you are doing this professionally, then you should know that the neighbour can't refuse a PW agreement, only dissent to the notice. In which case the instructed surveyor(s) will make the agreement, which is binding.

 

[tony1851]

In practice, it means your client will be able to build the extension, but the neighbour will get the satisfaction of making him pay additional £££ for the privilege.

 

[^woody^]

I'd see it as the owner gets the satisfaction of putting the scaffold on the neighbours side, making noise and dust all day, and getting to build the extension that the neighbour did not want, in a way that the neighbour certainly won't like, for less than the cost of the design work.

That's a bargain slap in the face to awkward neighbours.

 

[Hawksmoor]

Thanks Woody and Tony1851,
I am doing this professionally, but am a bit clueless when it comes to PWAs.
It sounds as though both parties are likely to need to appoint surveyors, and that my client may have to agree to making a financial contribution to his neighbour in order to get his agreement to the build?

 

[^woody^]

Thanks Woody and Tony1851,
I am doing this professionally, but am a bit clueless when it comes to PWAs.
It sounds as though both parties are likely to need to appoint surveyors, and that my client may have to agree to making a financial contribution to his neighbour in order to get his agreement to the build?

Your client serves a notice. If the adjoining owner actually replies and says that they do not agree, or does not even reply, then there is deemed to be a dispute.

In this case, a person needs to be appointed to deal with the party wall act. Each neighbour can nominate and agree on a single person, or they can pick one each. The thing to remember is that this person should work for the Act and does not work for whoever appoints them. So no-one should get preferential treatment. Your client will pay for all of this.

This person does not need to be a "surveyor", but must be experienced with the PW Act.

No payment is made to the neighbour to get an agreement (an Award), as the surveyor(s) decide what goes into the Award.

But, if your client can get a signed agreement to the initial notice, then this could prevent surveyor fees if there was a dispute. There could be a cost to such an agreement, and that is for your client to try and determine, and if it's worth paying. It might not be cash, but could be something else that the neighbour might want.