Next door neighbour - advice?

[Biker girl]

Hi

Work is starting on our 2-storey extension today. We have planning permission, building regs have been signed off, and we have a party wall agreement in place with our adjoining next door neighbours.

We are semi-detached, and as soon as we had plans drawn we showed them to our neighbours on both sides, and informed them that we were going to be applying for planning permission. We had no problems at that stage.

A couple of weeks ago, shortly after getting the planning approval, we found out that our neighbour (the one who is not attached to us) had received letters from companies (presumably after seeing the planning application on the council site) warning him of the damage that could be done to his house, e.g. subsidence, as a result of our building work, and encouraging him to get us to employ them to carry out a structural survey to prove that we haven't damaged his property.

His house is not that close to ours and our surveyor does not think there is any risk of damage to his property.

Are we obliged to do anything? We want to keep relations good with him and have tried to do the right thing by him at each stage, but equally we don't want to pay a fortune for something that doesn't sound necessary. Thoughts welcome!

 

[tony1851]

It's Party Wall Act stuff.

These people trawl planning applications and then write direct to neighbours each side warning them of impending disaster caused by your building work if they don't employ a surveyor to hold their hand.

As long as your excavation is greater than 3m from any part of their wall, you do not have to apply the Act.

 

[freddiemercurystwin]

These people

Lowlife tossers!

 

[Biker girl]

OK, thanks a lot - that's reassuring.

 

[footprints]

First it was Ambulance Chasers, now its Builders Vans! Never heard such rubbish!

 

[Biker girl]

Thing is, how I can I get my neighbour to see it that way?

 

[^woody^]

Tell the neighbour that they are perfectly entitled to employ that surveyor's firm privately to protect their interests. Obviously, this will be at their cost not yours.

And if they really believe the impending doom and gloom, then it will surely be their money well spent.

 

[tony1851]

Thing is, how I can I get my neighbour to see it that way?

That's the problem! Ideally you need to get an agreement from them in writing (ie type something out and get them to sign it).

But the moment you do this, it can raise worries in the mind of neighbours of a more nervous disposition. In practice, the PWA does not
affect your responsibilities - you will always be liable for any damage your building work might cause - it just adds an extra layer of (pointless) costs.

Perhaps if you gave your neighbours written confirmation that you would have any damage put right at your expense, that might put their mind
at rest, and save you paying ££££ to the sharks. Try to agree on the state of their property first (perhaps take a few pics?) incase there is a dispute later on.
It's amazing how neighbours suddenly notice (long-standing) cracks after adjoining building work.

 

[tony1851]

Obviously, this will be at their cost not yours.

But aren't the neighbours entitled to ask that the OP pays?
(assuming PWA applies).

 

[Biker girl]

PWA doesn't apply though...

 

[^woody^]

Obviously, this will be at their cost not yours.

But aren't the neighbours entitled to ask that the OP pays?
(assuming PWA applies).

Oh yes if it applies, but the OP said not at the start of the thread.

It's curious how neighbours can be really concerned on the potential damage and need for surveyors when someone else is paying.

That concern suddenly disappears when they will be footing the bill.

 

[tony1851]

(Yes, should've noticed).

 

[footprints]

I would just explain they are just Ambulance Chasers who have run out of PPI claims to pester people with!
Do a bit of research on the net no doubt there will be other people talking about it, with luck some saying they have been ripped off because the service was no help at all if something did go wrong!

 

[freddiemercurystwin]

the service was no help at all if something did go wrong

The OP probably wants a more subtle way of saying it than that though!

 

[^woody^]

The OP probably wants a more subtle way of saying it than that though!

Can't you draft up one of your great subtle replies?