Party wall act. Few things need clarifying

[jasejase]

hello.

i would like a few things clarifying and some advice.

whos responsibility is the part wall act?
building regs approval has been obtained. this was done through an agent who sorted out plans, structural engineer and building control.

Is it the homeowners, the builders, the "agent", the structural engineer, or building controls responsibility to tell the homeowner about the party wall act, and who should create the letter and deal with it?



there are 2 issues that i think the party wall act might be needed for.

1st
an external single story wall is being made higher by adding on around 5 courses of brick work. this is the type in "diagram 2" on this link to the pdf.
http://www.planningportal.gov.uk/uploads/br/BR_partywall_explain_booklet.pdf

its a single story full height wall used as a conservatory wall. both sides have their own wall which is 2 bricks thick each but the walls are touching.

does this need a party wall act giving to next door?
what till happen the work is just done quickly and party wall act ignored?



2nd.
inside the property, where the original external house wall is, its being removed and 2 UB/RSJs put in. One side sits on an existing pier/pillar but the other end sits on the party wall of the other house on the other side of the house.
As the beam is going into the party wall then i think a party wall act is needed. Should a party wall act be make up? what will happen if the work is just done quickly and no party wall act done?


this is two different neighbors and so 2 different cases.
so id like to know if 2 party wall acts should be drawn up and generally who would be responsible for this?

 

[noseall]

what till happen the work is just done quickly and party wall act ignored?...........what will happen if the work is just done quickly and no party wall act done?

Why not do it slowly and carefully and avoid the need for the act in the first place.

 

[jasejase]

haha, yes carefully and slowly
however that doesnt mean the act isnt needed.

id still like to know if the act is needed in each situation, and if so should it be done and what happens if it isnt

 

[rjm2k]

[.]

 

[jeds]

These would come under s.2 of the act. It's the owners responsibility to comply. This section does allow you to avoid the formalities by coming to an agreement with the neighbour. How do you get on with them? If you were to say this is what we're doing and we'll be doing it properly and we'll make sure there's no mess. They might be agreeable.

 

[jasejase]

Yes the relationship with neighbors is good.

 

[jamesr36]

Doesn’t sound like your first point needs a party wall agreement as if you have a wall each then the wall you are raising doesn’t appear to be a party wall.

Your second point will need an agreement if you are building into the party wall. Im quite surprised by this as normally when you form an opening in an external wall you would keep a nib of brickwork at each end. I don’t think this nib would count as the party wall.

The main reason for the getting an agreement is to record the condition of your neighbours house so if he points out a big crack in his wall after you have done your work then nobody knows if its been there for years or you caused it. You don’t necessarily need a surveyor, you could record any existing problems with your neighbours house yourself, get him to agree to the record and then use one of the sample party wall agreements that you can find on the internet.

But - if your neighbour wants a surveyor then you have to get a surveyor

 

[stevenway]

Hello, Steve the Party Wall Surveyor here - yes a real one..

Some clarification:


whos responsibility is the part wall act? - you are but sometimes a party wall surveyor is engaged to do the notices and letters. you can serve your own notices but you cannot act as your own surveyor.


an external single story wall is being made higher by adding on around 5 courses of brick work. its a single story full height wall used as a conservatory wall. both sides have their own wall which is 2 bricks thick each but the walls are touching.

If this wall is independent of next doors and built wholly on your side then it probable isn't a party wall, I presume that you are not raising the neighbours wall as well?

what till happen the work is just done quickly and party wall act ignored? Don't ignore it, all the protection the act offers you is lost if you ignore it. If you cause damage to next door you can be sued [as opposed to the matter being dealt with within the Act][ and it will become your obligation to prove that you did not cause the damage. Thats assuming your neighbour doesn't get an injunction. Ignoring the Act wrecks very good neighbourly relations.


inside the property, where the original external house wall is, its being removed and 2 UB/RSJs put in. One side sits on an existing pier/pillar but the other end sits on the party wall of the other house on the other side of the house.
Yes notice under section 3 required for cutting into party wall, you can serve your own notice. Templates can be found online [PM for link to mine]


this is two different neighbors and so 2 different cases.
so id like to know if 2 party wall acts should be drawn up and generally who would be responsible for this?

If the neighbours consent to your work then no awards / agreements are required. If they do dissent then you will need a surveyor to draw up an agreement. Sometimes you can use one surveyor as an agreed surveyor otherwise there will be 2, usually you pay the costs of your neighbours surveyor.

Steve

[/i]