Party Wall with council

CET

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6 Nov 2015
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Hi

Apologies if this post is confusing but I'm beyond confused by the Party Wall Act and am looking for some advice. We have planning permission to build a single-storey extension on the lower ground floor of our flat, going back about 3 metres. The flat is a converted flat in a row of Victorian terraces. The houses date back to about 1860 so probably don't have very deep foundations.

I think I've worked out that we would need to serve notices as follows:

1) Upstairs neighbours – Party Structure notice; and
2) Notice of Adjacent Excavations for the two next-door neighbours.

My question comes about because two of the neighbours (upstairs included) are leaseholders with the council being the freeholder, and the other neighbour is a council tenant. So I understand that I need to serve the council in all three cases, both leaseholders and the tenant. I was thinking that I could serve the notices myself using the templates that are available on line but when I contacted the council to ask them who to send these to they said I would need to appoint a surveyor and they recommended the surveyor they use. I guess given the state some of the walls may be in being an 1860s property it probably makes sense to use a surveyor anyway but my questions are, should I use their recommendation or appoint my own? Will it keep the cost down if I use theirs? Also, do they have to appoint a surveyor or can they just sign the agreement and consent to not appointing one?

The initial quote I got from their surveyor was £2800 + VAT to serve all notices. Does that seem reasonable or steep?

Also, one last question - we are starting the process of buying the freehold along with our upstairs neighbours. This process can take 6 weeks. Are we better to wait till that has gone through before we serve the notices?

Hope all of that makes sense and sorry for the long post - I just can't figure this whole thing out.

Thanks in advance for any advice you can give.

CET
 
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You don't have to use their surveyor, but both parties should agree on the choice. If you can find one cheaper, then put that to the council.
£2800 + seems high for what's involved, but then PWA surveyors are known for exorbitant fees for what amoiunts to cut-and-paste
printed paperwork.
 
Hi





Also, one last question - we are starting the process of buying the freehold along with our upstairs neighbours. This process can take 6 weeks. Are we better to wait till that has gone through before we serve the notices?


CET
Wait - for sure - you don't want to get involved with Council jobsworths;)
 

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