Party Wall Problem

[Wrencher54]

Hi folks,

I'm trying to get a loft conversion sorted as I've got a growing family and am looking to put in place a Party Wall Agreement with the neighbour as I need to put scaffolding up from the back yard of their attached property onto a shared wall (they've inhereted the house, don't live there, but will be looking to put it on the market soon).

I've got all the usual stuff, like the undertaking to put right any damage, have proper insurance etc, but the neighbour is demanding that we agree to pay to relace the dodgy roof of the annex on the shared wall (rotting wood) that the scaffolding will go over, regardless of whether there is any damage.

It seems to me like a straightforward case of extortion (agree or face delay, third surveyor costs etc). Can they really do that or is there anything I can do about it. Any advice would be really welcome.

Cheers!

 

[DevilDamo]

Well... put it like this... if you don't agree to what they're asking, they will not enter into the agreement?

But to be honest, I'm not entirely sure as to the extent people can go.

 

[freddiemercurystwin]

Your first step will be to find a very good Party Wall surveyor, I don't think there are any on the Forum (shame). If they disagree with the proposals set out in the initial PWA your surveyor puts to them they have the right (I believe) to appoint their own PW surveyor (at your expense) to mediate with your own PW surveyor. Are you saying that the dodgy roof would not bear the additional weight of scaffolding? Have you considered waiting for them to sell before you do your loft? Sadly, the PWA can be used as extortion to a certain degree. http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

 

[jeds]

Going on to adjoining land to do works or erect scaffold is a complicated situation and there is much controversy amongst party wall practitioners about it. The bottom line is that the PWA does not give the right to scaffold on adjoining land. Many think it does but it doesn't. Often an award will include scaffolding but most think that if this ever got challanged in court the award would be set aside because of it - on the basis that PWA surveyors have no right to award such a thing.

If you have works (other than the scaffolding) that fall under the PWA, then obviously you will need to serve notice etc. If your works do not fall under the PWA then there is no need to serve notice or awards, and you should negotiate the scaffolding situation direct with your neighbour. Of course they can ask for anything they like - but you don't have to agree to anything you don't like. Except you won't then get the scaffolding and you won't get your extension. (unless it can be done some other way?)