Party Wall Agreement

[IJWS15]

Just because you have given them a draft agreement do not assume that you have served a notice.

Notices (in the legal sense) have to be served correctly or they have not been served.

Would be worth a word with the CAB.

 

[jeds]

It does not sound to me that you have even served proper notice, let alone served an award. As IWJS says, notices are very specific and must be drawn and served 100% accurately for them to be valid. From your description it sounds to me that you simply served a letter on your neighbour (not an unreasonable thing to do - happens all the time) in the hope of coming to a mutal agreement. If this is correct then you are in no kind of contractual or legal obligation and you can safely ignore what has occurred to date.

From your description you are not in the 3m zone so a notice or award is not necessary. You just need to be careful that when you excavate you do not allow the trench to creep into the 3m zone. Have some shuttering and temp support on hand just in case.

 

[Shytalkz]

There is no set form of notice though: as long as it contains all the info referred to in the Act, it can be written as one wishes. The RICS one has only become the de facto one to use, primarily as most people can't be *rsed to develop their own form of words and it comes in a handy, fill-in-the-blanks Word format.

As you say though, if it transpired that whatever he has served does not contain the requisite info, including any drawings, then no notice has actually been served and, if he is actually outside the 3m distance and not doing a basement or piling that would cut a 45° line, then he can just get on with it, ignoring what has gone before.

 

[ianm75]

Thanks Everyone....

I am just going to go ahead and get the work started. There is no way in the world she will ever agree to let me build it purely based on nothing more than her mums view out the window. Whats ironic is she has a conservatory on the back of her house that sticks out to the same distance as my extension plus 2 large sheds to one side.

I have a party wall agreement with the adjoining house and thats the most important.