Party Wall Notice Not Agreed/Commencement of Works Anyway

[ashworth108]

Hi, I've served a Party Wall Notice on my neighbour (regarding excavation within 3 metres) and he does not agree. What are the implications if I were to go ahead and commence work anyway, rather than go down the route of instructing surveyors and having a Party Wall Award drawn up?

Thanks in advance

 

[geraldthehamster]

Your neighbour could apply for an injunction against you from the County Court. If you ignore the injunction you could be imprisoned for contempt of court.

Apart from that, nothing

Cheers
Richard

 

[tony1851]

Your mistake was to serve a notice in the first place. As he does not now agree with your proposal, technically a dispute has arisen between you, and you should agree on a PWA surveyor to make an award.

You will have to foot the bill for this, and the 'award' will consist of reams of cut-and-paste waffle which will add no value for anyone. If you cause damage, you are still liable even if you did not apply the Act, but take comfort from the knowledge that you have contributed not a little to the surveyor's next new BMW.

The neighbour cannot stop you doing your work, but unfortunately he can make it expensive for you.

 

[geraldthehamster]

Your mistake was to serve a notice in the first place. As he does not now agree with your proposal, technically a dispute has arisen between you, and you should agree on a PWA surveyor to make an award.

You will have to foot the bill for this, and the 'award' will consist of reams of cut-and-paste waffle which will add no value for anyone. If you cause damage, you are still liable even if you did not apply the Act, but take comfort from the knowledge that you have contributed not a little to the surveyor's next new BMW.

The neighbour cannot stop you doing your work, but unfortunately he can make it expensive for you.

And the important thing now, in terms of cost, is to talk nicely with your neighbour so you can both agree on *one* surveyor. If he doesn't agree with your choice of surveyor, you can end up having to pay for two (and in the unlikely event that both surveyors don't agree, for three).

I served a PWA notice a few years ago and it ended up costing me £900 for one surveyor and a structural engineer.

Cheers
Richard

 

[tony1851]

And presumably the surveyor charged you more than the engineer?

 

[geraldthehamster]

And presumably the surveyor charged you more than the engineer?

Damn right. The surveyor appointed the engineer without discussing the latter's rate with me. I ended up in dispute with him.

Cheers
Richard

 

[wessex101]

As Tony said it is unfortunate that you served the notice before you spoke to the neighbour and made sure they were happy with things.

You could still salvage something though.

As it was a 3 metre notice are you sure the new foundations will be deeper than neighbouring property?

Has the neighbour actually dissented to the notice or just not bothered to reply. If they dissented have they said why? and is it something that you can resolve?

Try to avoid getting into an expensive formal Party Wall Award. Try to reach an amicable arrangement with neighbour, even if you offer them £250 for "inconvenience" it would be cheaper than appointing surveyors. If they are hell bent on turning it into an expensive battle it would probably be cheaper to get a shallower foundation such as raft or pad and beam design.

 

[ashworth108]

Yes I will be going deeper that his foundations. He has a garage on the side, I will be digging 1 Meter away from that. He if a very miserable old man who enjoys complaining. I am tempted to excavate everything up to 3 meters away and then just excavate near him at the last chance and fill with concrete. Once the foundations are in I cant see what he can actually do. It would cost him time and money to take me to court, by then I'll be out the ground any how?

 

[tony1851]

Common sense, really, because the Act is not applicable once that part of the work is completed.

 

[KenGMac]

Am I ever really happy that the PWA does NOT apply in Scotland.

From this distance it has always appeared to me that this was a money making exercise for the "building professionals"

When attending team meetings in England with a UK National team I implored my manager to hold the 2 hour dirge on PWA as the last item on the agenda, that way anyone attending from Scotland could escape early.

The PWA is a charter for the grumpy old man who knows nothing about the structural or building implications of what is about to happen.

I despaired at times when "Desk topping, London Subsidence claims" and a neighbour demanded a party wall Surveyor be appointed when it was found out that a flower bed was to be altered to a paved patio?

PWA is a joke, albeit an expensive one?

Ken