Party Wall Act

[edzell]

I am looking to clarify something related to the party wall act and am hoping someone here would be able to advise.

We are planning on building an extension on the side of our house, and have been given planning permission and building regs approval.

Our neighbour was aware of the work we were wanting to do, and so a few weeks ago we served them with notice in line with the party wall act. They have now decided that they aren't happy with the height of the extension and so won't sign.

I know we are now in dispute, and will need to appoint surveyors to sort this out - but what power would the surveyor have? Would they be able to make us build a shorter building? My understanding is that we have planning for a building of a certain height and its too late for them to object to this.

Our surveyor has talked about a cold flat roof rather than a warm one being used which would save some height, but these seem inferior to me and I dont see why we should alter our plans at this stage and end up with a potentially problematic roof.

Would appreciate some advice as to what the surveyors could and couldnt make us do when they make a Party Wall Act award.

Many Thanks

 

[noseall]

Would appreciate some advice as to what the surveyors could and couldnt make us do when they make a Party Wall Act award.

If you have planning permission in place then you can build it as per per planning conditions.

The PWA is a different issue that Woody will explain better.

 

[^woody^]

Your planning permission gives you the right to build whatever has been approved to the approved height. You neighbours can't alter the height

The PWA allows for protection of the neighbour due to the works, and does not specifically dictate what can be done. Its more to do with access, working times and methods, or if extra reinforcement to the adjacent structure may be required - things like that really, to protect what is there already or the adjoining owners use of the property during the works

In the case of the roof, there may be an instance where a particular method of roof construction could be required if it was a structural necessity in context of the party wall, but the PWA can not be used to control the roof height

Your neighbours need to understand this, and that the PWA won't help them, so that they should not dispute on this matter

 

[edzell]

Many thanks to you both for replying, I appreciate it.

Its nice to have it confirmed that they cannot force us to alter the height of the building.

We will talk to them again, and try and explain what they can do under the PWA but I get the impression they have decided to not sign the agreement. I guess we will have to go through the process and assign surveyors, just so they can formally be told that they cant alter the height of the building!

Thanks again for the advice.

 

[wavetrain]

edzell what exactly are you planning to build near or on the party boundry? And does your neighbour have any stucture near the party boundary? If you are not going to build or dig footings on the party boundary and your neihgbour does not not have footings near where you are going to dig etc you do not need to use the pWA, just get on with the work.

I ask this, as so far you are notwritten anything which suggests you needed to giving PWA notice.

 

[edzell]

Apologies for being vague. We are taking down an existing stone outhouse and erecting a larger extension which will be knocked through in to the main house to form the kitchen.

The rear wall is the party wall, and the one that needs to be raised. We will also need to drill in to the party wall to install damp proof course and the like, plus we need dig down to the foundations. The neighbour has a room on the other side of the party wall, hence the need to invoke the PWA.

We dont need access to the wall from their side, and we are happy to discuss the situation to minimise any noise disturbance.

My big concern is that they might make attempts to challenge the planning approval in some way. There doesn't seem to be a right of appeal through the planning department, but there is always the courts.

 

[wavetrain]

The Party Walls Act allows you to do the work you require so you you have no worries there, its a shame one also needs to fork out for surveyors make use of this leglislation.

On what grounds would they challenge the Councils decision in court? DO they have very deep pockets? GO and see you local Counciler and ask for advice. I must say however, poeple don't normaly worry about neighbours going to court when they have PP for the work they will carry out , are you the worrying type? Did they comment to the Council on the application before it was approved?

 

[edzell]

are you the worrying type?

Oh yes - very much so!

I just like to understand the potential outcomes - although I admit any talk of court is a very unlikely possibility.

They didnt make any objection during the planning process.

It will all work out in the end I'm sure, I think we were just taken by suprise by their objection given the stage we are at in the process.

Thanks to everyone that has offered advice.