Party wall agreement

[alfie86]

Im currently on with a property renovation and having some RSJ fitted into the party wall to take out a load bearing wall.

my question is simple really, i have issued my neighbour with a letter stating what i am intending on doing and such and questions comes on taking photos. if i take the photos of there side of the party wall do i need to print them off and get them signed or can i just email my neighbour a copy?

really a stupid question but if anyone knows please let me know.

Thanks for looking.

 

[dishman]

If you are doing anything to a party wall, then you should (legally) serve a party wall notice (although not enforceable), is that what your served? Or was it just a letter drafted by yourself. Your neighbour can either agree; dissent (disagree) with an agreed surveyor (one acting for both); or dissent with a surveyor each if your really dont agree (much more costly).

Ironically, if you serve the notice and your neighbour just agrees, there is no "protection" under the party wall act. It still becomes a civil matter (courts) if things go wrong. Even though you served a party wall notice, by agreeing, you and your neighbour bypass the "protection" of the party wall act.

You are only covered if your neighbour dissents and you get surveyor involved in the beginning.

Has the neighbour responded officially? Or are you just discussing things privately?

If you are agreeing things between yourselves, it is an gray area with the party wall notice....and you have to pretty much decide on how to cover yourself. This will depend on the type of work your are doing, how easy your neighbour is to get on with and how much you trust them.

If you can come to a private agreement, you are clear about what your plans are and the risk of things going wrong is small and the affect it could have on your neighbour is none existent, then this is the easiest option.

You can take photos, sign them, get your neighbour to sign them etc. It is up to you how much you protect/cover yourself...same for your neighbour. But as your not surveyors....as I said...it becomes a gray area as to how admissable this is if things go wrong.

But if it is a simple modification, low risk, you should not need a surveyor.

Hope that is clear....

 

[dishman]

ignore this...double posted