After being told by the shared third party wall surveyor that our fence panel must be removed to allow neighbour to build their house extension, and after building they will resite our fencepost and our fence beyond the new building, we wrote immediately stating our fence must not be removed without our permission. We understood this is not refusing, but making sure no liberties were taken. We now have what I have read others have experienced of an unsightly, badly finished breeze block wall, as have the neighbour on the other side of the extension. Of course the neighbour who is building only sees nice brick wall finishes on their property! Where do I find out if the plans said that the side of the walls, unseen by neighbour, would be rendered? For some reason we were unable to download planning application and another checked main details for us. Will it say on the application if the neighbouring property seen walls will be rendered? If it does say rendered then we at least can approach neighbour stipulating that we supported their building improvements by agreeing to enable their reduced costs by sharing the third party wall surveyor. Help as we are new to all of this and feel taken advantage.
What are the Party Wall rules?
- Thread starter Tish Marc
- Start date
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You can message me a link to the planning application and I can download them and take a look if you want?
The PW surveyor can require the wall which is subject to the Act to be finished in a specific way as part of the Award - to the benefit of the neighbour (eg you), and agree compensation where appropriate.
BTW, the third PW surveyor only comes into play if the two other surveyors disagree. Costs should be with the the person carrying out the work, you should not be paying the surveyors as they are not working for you.
BTW, the third PW surveyor only comes into play if the two other surveyors disagree. Costs should be with the the person carrying out the work, you should not be paying the surveyors as they are not working for you.
You have absolutely no obligation to allow your neighbour access to your land OR airspace to build their extension.
Simply tell the party wall surveyor you don’t agree to access.
Simply tell the party wall surveyor you don’t agree to access.
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The PWA grants the right. The Award is legally binding, and can only be challenged at Court.
The PWA does not grant rights
It only does so if the neighbour agrees
Our neighbours blocked access and there was nothing we could do
I'm not sure you actually understand the Act. It's as I said in my previous post.
Of course your neighbours could block access. Did you have an Award giving you access, and then did you enforce your rights granted in the County Court?
We requested access, our neighbours blocked it and the PW surveyors wouldn’t budge on it.
If the neighbour doesn’t agree, you can’t force them
However, when it comes to maintenance of your property, the neighbour can’t block access
So you refused to sign a PWA with your neighbour, insisting instead that they pay for an expensive surveyor, then refused to temporarily take down your fence so they could access the side, and now complain about unsightly block wall?
Sounds like the consequences of your own actions to me
Sounds like the consequences of your own actions to me
No I’m not
A PWA does not grant automatic access rights for workers on extensions
Read the last paragraph off point number 20
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The PWA has been established law for nearly three decades in England and many years before that in London. Your one-time experience, does not alter the fact that access to adjoining land "pursuant" to the Act is granted and there must be thousands and thousands of times when it has been carried out. I could have been responsible for quite a few of them.No I’m not
A PWA does not grant automatic access rights for workers on extensions
Read the last paragraph off point number 20
BTW, you never replied as to whether you enforced your access rights granted in your Award at Court. Did you?
The PWA has been established law for nearly three decades in England and many years before that in London. Your one-time experience, does not alter the fact that access to adjoining land "pursuant" to the Act is granted and there must be thousands and thousands of times when it has been carried out. I could have been responsible for quite a few of them.
BTW, you never replied as to whether you enforced your access rights granted in your Award at Court. Did you?
The party wall surveyors requested access from our neighbours and they said no. This was the advice of their surveyor…..
But there is no right of access for builds , only maintenance works
Does the first paragraph of point number 20 show that access is allowed, and that agreement is preferable for all parties to prevent issues:
"Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act"
No. Still wrong.
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