Party wall

[knownothing14]

Hi All,

We are planning to extend our home(semi-det 1930's build London) at the rear and proceeding with planning permission & building reg. I have a query on party wall.

We did mention about our plans to our neighbors prior to filling the council application but nothing about party wall as I wasn't fully aware then and was thinking to discuss it after the approval. I was wrong, as soon as I filed the application, somehow the party wall surveyors send a letter to neighbors asking to choose them as their representative. One of our neighbor came home with the notice and said they are not interested with service and happy with our work as long as we follow the council norms. However, the other neighbor, with whom we share party wall, signed up with a party wall surveyor who had sent them a letter. On inquiry I was given to understand they charge £1200 for the below service
Prepare and serve notice
Verify and accept appointment from Adjoining Owner and Building Owner
Land registry searches on all parties
Inspect Drawings
Prepare Draft Award
Arrange site visit (neighbour’s property)
Undertake survey of neighbour’s property
Write up survey and upload photographs
Compile Award, Drawings, survey and photos
Prepare invoice and send to Building Owner
Sign and dispatch Awards
Final inspection to check property after works complete and final correspondence

I did have a word with this neighbor and they seem keen to avail the service as the property is 1930's which is understandable.

As its a considerable amount and we weren't prepared for it,
1. is this a nominal price
2. is there any way we can avoid / reduce this service to cost less

At the end of the day, we want all to go well with our building extension and also with our neighbors.

BTW, I did try RICS free helpline but I'm put on hold indefinitely.

Any suggestions would be helpful.

Sorry for the long post!

Thanks

 

[markstone80]

I almost had to go through this with my extension, luckily my neighbours decided it wasn't needed. Essentially the company looks for new PP apps online, then sends a scary letter to your neighbours making them think that the Party Wall Act requires them to appoint someone to act on their behalf... Granted this might sometimes be needed if there are legitimate issues but even so you'd be better off finding someone local that you could both agree to help represent any issues rather than one of these PWA companies that seem really dodgy.

 

[dishman]

Under what section of the party wall act does your extension come under with this neighbour? Is this your attached neighbour or the unattached neighbour next door to which you have an invisible boundary with?

There are three options when you send out a party wall notice:

1)Your neighbour agrees and therefore it becomes a private agreement without the protection the party wall act gives . Basically your neighbour is happy with your plans and takes no further action.

2)Dissent and appoint and agreed surveyor. This is where you have one surveyor acting for both parties. The surveyor acts for the "party wall", not for you or your neighbour. The cost of this is usually £800 - £1000

3)The third and most expensive option: This is where your neighbour Dissents and you both have your own surveyors. This is usually not needed for small domestic projects. You also have to pay for a third surveyor to adjudicate the two individual surveyors so the cost of this can be £2000+ (if not a lot more).

This could all be avoided if the plans for your extension are clear and your neighbours know exactly how they will be affected by them. If anything is unclear, or they feel that they are been left in the dark, thats where problems arise.

As I said, what section of the PW act does your extextension come under? What position is the neighbour (the one who wants a surveyor) in relation to the extension?

 

[tony1851]

Presumably you are building out at the rear, and alongside the common boundary?
The Act applies if you excavate within 3m of the adjoining owner's building AND your excavation (ie the bottom of your foundation) is below the bottom of the foundation of the neighbour's house.
How do you know how deep the neighbour's foundation is relative to your new foundation?

 

[dishman]

There are actually two sections it could come under in that instance (if the neighbour is building up to the boundary).

Section 1 - Line of Junction Notice - Where the neighbour builds astride the boundary line (and therefore has footings on your land). Or when a neighbour builds adjacent to the boundary.

Section 6 - As you say, where it is within 3 metres of a neighbours building and there is a chance of undermining their foundations. There is also a 6 metre rule but this is only for very deep foundations or some certain situations.