Party Wall Agreement Question

[veedee]

1. Am I right in saying that as the building owner, I need to serve my neighbours 'notice', then two months after the notice, I can start extension works?

2. To save money is it possible to share the same surveyor as my adjoining neighbour?

3. Does the neighbour have to agree to us sharing the same surveyor? Or do they have to disclose their surveyor, then I can ask them to act for me?

4. One of my neighbours is not privy to the PW act. While they are happy for me to do an extension, they'd vprobably want a PW agreement because it is no cost to them. Is there a clever way of avoiding going down this route with the neighbour? Or is it not worth the hassle, given my other neighbour wants a PW agreement?

FYI: Building an extension

I have two adjoining neighbours

Neighbour 1 and I share a PW

Neighbour 2 (the one that wants the PW agreement) and I have a 1m gap between our properties

 

[ouchy]

1. It depends on how (or even if) they reply to the letter, how long the survey takes etc. Often you can start earlier if your neighbours are OK with it.
2. Yes, it's called an agreed surveyor.
3. Yes you both have to agree to sharing the same surveyor. Either of you can arrange it and the surveyor will get in touch with the other party.
4. Some people will agree to the work without a surveyor, others will want one. It's up to each neighbour effected by your work if they get one or not. If they both want one and won't agree to share you might end up needing 3 surveyors. It's best to have an informal chat with your neighbour before you give them the letter to sign.

 

[tony1851]

Do you necessarily need an agreement with neighbour 2?
You only need such an agreement if your foundation goes deeper than his. How do you know how deep his foundation is? Has he dug down to find out himself? Does he expect you to do that?
You cannot be expected to incur costs if you do not have all necessary information to hand.
Personally I'd just ignore rather than spend additional £££s on cut-and-paste waffle from a P.W. surveyor.

 

[veedee]

Do you necessarily need an agreement with neighbour 2?
You only need such an agreement if your foundation goes deeper than his. How do you know how deep his foundation is? Has he dug down to find out himself? Does he expect you to do that?
You cannot be expected to incur costs if you do not have all necessary information to hand.
Personally I'd just ignore rather than spend additional £££s on cut-and-paste waffle from a P.W. surveyor.

Amazing..

So no agreement is necessary re: 3m/6m rule if we will not lay foundations below the neighbours foundation?

 

[tony1851]

Amazing..

So no agreement is necessary re: 3m/6m rule if we will not lay foundations below the neighbours foundation?

Correct.

 

[^woody^]

Correct.

Section 6 relates to excavation, not specifically foundation depth.

 

[tony1851]

Section 6 relates to excavation, not specifically foundation depth.

Pedant alert!!!

 

[^woody^]

Pedant alert!!!

Yeah, no one ever digs trenches for drains, or removes any old foundations, or reduces levels.

But how can just quoting what section 6 the PW Act actually applies to be pedantic?

 

[tony1851]

Fair enough.

 

[motorbiking]

1. Am I right in saying that as the building owner, I need to serve my neighbours 'notice', then two months after the notice, I can start extension works?

2. To save money is it possible to share the same surveyor as my adjoining neighbour?

3. Does the neighbour have to agree to us sharing the same surveyor? Or do they have to disclose their surveyor, then I can ask them to act for me?

4. One of my neighbours is not privy to the PW act. While they are happy for me to do an extension, they'd vprobably want a PW agreement because it is no cost to them. Is there a clever way of avoiding going down this route with the neighbour? Or is it not worth the hassle, given my other neighbour wants a PW agreement?

FYI: Building an extension

I have two adjoining neighbours

Neighbour 1 and I share a PW

Neighbour 2 (the one that wants the PW agreement) and I have a 1m gap between our properties

1. NO - if they don't reply then you have to appoint a surveyor on their behalf to get the award.
2. Yes - if they agree, if not then you have to pay their reasonable costs
3. see above
4. Get the one who is happy to sign consent.

Given that you've warmed them up to your obligations, it would be daft to take the risk of picking up responsibility for damage.