party wall issue

[dandavies1]

Our street is having work done on a scheme, re-rendering the outside walls. Our property is not taking part in the scheme. we are a terrace street so to work on my neighbors wall they must erect scaffolding in our garden, which we have no objection to however the council (as it is a council regeneration scheme) have said the scaffolding will remain on my garden until the whole street has been completed and although the scaffolding is due to go up monday the work may not start until 2014. Where do we stand? We do not have enough money to pay for a party wall surveyor which is all the council can suggest

 

[freddiemercurystwin]

Then just refuse access until your terms are met.

 

[dandavies1]

But they plan to serve a party wall notice on monday, which if we refuse can end up costing us money which we cannot afford.

 

[freddiemercurystwin]

No that is not true. If you wish they are obliged to appoint a Party Wall Surveyor on your behalf at their expense.

 

[dandavies1]

No that is not true. If you wish they are obliged to appoint a Party Wall Surveyor on your behalf at their expense.

I see, i was under the impression that we could end up paying the cost of the surveyor. At the end of the day, if they just had the scaffolding while they did the work ( approx 2 weeks) there would be no issue, but they wish to leave it up for the whole duration of the scheme which could be 3-4 months. I dont see they have any right to do that

 

[tony1851]

They are only suggesting that as it will probably be more convenient for them to leave it up for that period.
It's your house, so you can instruct the surveyor to require the council to remove it once the work on the adjoining house is done.
If that inconveniences the council, then it's tough.

 

[Architexeter]

As freddymercurystwin states, you do not have to pay or do anything you are not happy to do, you are the one that can make them jump through hoops until you are satisfied.

The Party Wall etc Act involves work on the party wall or near to that may affect your property.

It sounds like this is a separate matter regarding them requiring your permission to access your property, erect and leave their equipment on your property for an amount of time. This should be via a separate legal agreement with dates on your terms and all prepared at their expense.

Read
[/url]https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf