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Party Wall

Windows

Windows

Old Oak
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New neighbour is going to remove attached garage & build extension close to property line. They sent me party wall docs while I was away so missed the 14 day bit and now I have less than 10 days (5 days) to appoint a surveyor or have them appoint one. Not quite sure what to do. Any advice?

I’d really like to reset the timing just as a start so that I have time to think. Seems really unfair to act like I’ve been served with a legal document with a short deadline when all they did was post the document to an empty house.

The new neighbour is likely to be a property developer, but ownership is not through a company.
 
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Have you checked out the party wall act on the .gov website? from memory it gives a lot of information I'll see if I can find it.
I'd be doubtfull that you could get an extension on the 14 day notice period unless you started a dispute and objected but I don't think you can actually stop the work if it complies with planning, only get agreement on possible changes.

It is a long time since I had to apply so things might have changed.

..........

Party Wall etc. Act 1996

An Act to make provision in respect of party walls, and excavation and construction in proximity to certain buildings or structures; and for connected purposes.
www.legislation.gov.uk www.legislation.gov.uk

www.gov.uk

The Party Wall etc Act 1996: explanatory booklet

www.gov.uk www.gov.uk
 
Windows said:
....... I have less than 10 days (5 days) to appoint a surveyor or have them appoint one. Not quite sure what to do. Any advice?....
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Listen to PAC1. This is in his area of expertise. Appoint a PW Surveyor ASAP.
 
We were served notice on a rental property. The tenant sat on the letter and dropped it into the agent a month later.

IIRC as we had not responded it was automatically deemed that a dispute had arisen so the problem sat with the neighbour who was in the process of invoking the dispute resolution process by the time our surveyor got in touch with them.

It all went ahead then with no problem and the fees for our surveyor (who kept an eye on what was happening) were paid by them.
 
Just talked to a surveyor. He’s willing to represent and is already representing the property on the other side of the neighbours. Anyone see any issues with that?

Anyone have experience or comments about getting some control over timing of the work (work hours) or financial arrangements (payment by neighbour in consideration of our risk) through this process?

The other neighbours built an extension on the other side of us last year and the year before. It’s a complete nightmare living on a building site. Not looking forward to it again.
 
Part of a PWA does cover working hours which are normally added automatically ie "normal" working hours 9-5 no Sundays. You would be perfectly within your rights to have adjustments made though.
The person carrying out the work is fully responsible for all payment of a PWA.
Ordinarily, the surveyor would contact those carrying out the work.
I say "surveyor" with caution though as there are a broad range of individuals picking up on public planning applications!
 
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Windows said:
Just talked to a surveyor. He’s willing to represent and is already representing the property on the other side of the neighbours. Anyone see any issues with that?

Anyone have experience or comments about getting some control over timing of the work (work hours) or financial arrangements (payment by neighbour in consideration of our risk) through this process?

The other neighbours built an extension on the other side of us last year and the year before. It’s a complete nightmare living on a building site. Not looking forward to it again.
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I doubt that would be a problem and I can see the advantages, I was more concerned of finding someone who did not have a conflict of interest with the developer. The RICS require mandatory checks on conflict of interest and his T&C's should confirm he has no conflict of interest with either the developer or others involved in the process. You could ask him to confirm before you appoint him
 
If anyone has signed an agreement for a surveyor to represent you as your party wall surveyor and would be willing to share what it looked like or just comment on it, I’d be grateful. The one I’ve been given is vague about what my agreement with the surveyor actually is. Apart from the bit about me being responsible for his costs if the neighbours don’t pay. That’s pretty clear.
 
Windows said:
Just talked to a surveyor. He’s willing to represent and is already representing the property on the other side of the neighbours. Anyone see any issues with that?

Anyone have experience or comments about getting some control over timing of the work (work hours) or financial arrangements (payment by neighbour in consideration of our risk) through this process?

The other neighbours built an extension on the other side of us last year and the year before. It’s a complete nightmare living on a building site. Not looking forward to it again.
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Check the planning application. It should cover things like working hours.
 
Thanks for all the responses. Bit hectic yesterday. I don’t want to post the planning application because I like some level of anonymity, but it has been approved. The surveyor I’m talking to is MRICS.

It’s academic at this point, but the plan is described in the application as a single-storey extension, but it is actually really tall. Their house is a Victorian with a lower ground floor so that their upper ground floor starts way off the ground up some front steps and their ceiling heights are large so that the top of the extension on their UG is probably going to be the same level as the eaves above our 1st floor.
 
Windows said:
Thanks for all the responses. Bit hectic yesterday. I don’t want to post the planning application because I like some level of anonymity, but it has been approved. The surveyor I’m talking to is MRICS.
Click to expand...
Fully understand. When faced with a similar situation I find it relatively easy to redact confidential details with a black bar or similar in something like Preview (on a Mac)
 
Things are progressing with the party wall agreement and my surveyor says it is almost ready. I have a question that I hope someone can advise on:

The neighbours are removing a garage right next to our garage. Our garage is single skin brick with a flat roof. The garages are not attached, but built very close together. The surveyors cannot see very well between the garages but believe that our garage was built later than the other and that the exterior wall will be rough when exposed with poor mortar. That wall has been protected from weather by the neighbours garage since it was built. They are suggesting that the neighbour will pay to render and paint the exposed wall.

Does this seem a reasonable solution? We’re not really going to see that side of the garage so any render & paint is more for the neighbours than us visually. I am concerned about structural integrity of the wall and weather protection so maybe render helps with that? But is it giving us maintenance to do down the line?

What do you think?
 
This is why you have a surveyor. But if the two garages are currently close together but separate how do you maintain it now? You probably do not. If the neighbour is going to render and paint it that is surely better? You will need to agree either they maintain it or give you access to maintain it.
 
Thanks. There’s no maintenance now, but also no maintenance necessary because the wall is protected by the other garage. In general what is the maintenance on a plain brick wall; repoint once every 150 years? I’ve owned quite a few plain brick walls over the years, but never a rendered one. I guess I’m just wondering about what maintenance is needed on a rendered wall and whether there’s a high failure rate in initial application. Doesn’t seem like it should be a problem, but thought I should check.
 
I don’t think you have mentioned the distance between the two walls but if they are close it’s possible attention was not paid to the pointing on the exterior face when it was built. I’d be more inclined to make sure the pointing is in good shape than for it to be rendered. If it is being rendered I’d want to rely on the advice of the surveyor that the product being used was suitable.
 
Just get them to repoint it rather than render? Would seem more appropriate rather than being concerned about the render, paint and possible/probable future maintenance of.
 
If the gap is so small that you can't see the condition, as an ex builder I would guarantee it will be a mess as it's impossible to dress the joints properly if you cant get a trowel, jointer and hand in the gap. The brickie expecting it will never be seen will have just thrown up the wall and not even tried so there will be gaps in joints and excess mortar sqeeze out as well. Unless they had a board in there to pull out the inevitable mortar droppings, unlikely given the scenario, the gap will be bridged in places as well.

The other point I'd make is that it might be possible the first garage was built right on the boundary in which case your's is a few inches inside your land and they would need your permission I believe to do anything with the wall so if you don't want render I doubt they could do it. I would insist that as part of their building they do necessary repair to your wall or at very least allow you time to do it.

lastly, if they're replacing the garage with an extension would that not be as close as the garage is in which case it will be sheltered anyway.

12 years ago my son bought an old Victorian terrace house with a rear yard and I got approval and built an extension for him before they moved in. A neighbour had already build his extension years before and the builders had built on top of the existingdividing party wall and put an extractor vent outlet facing into my son's yard. Clearly a problem and a chat with them revealed that it was built by a previous owner and had been signed off so how that got past building control was a mystery. My son didn't want to fall out with his neighbour so I ended up building close to the wall and re routing the vent, not ideal but acceptable to all parties including the LA.

How much you dig your heels in depends on whether or not you value those relationships.

Roger asked for a link to the plans which you understandably declined but could you not take a screen shot of scan the relevant details without giving sensitive info so we can see what's involved?
 
I could be wrong but I'm guessing they are expecting part of your potentially "unsightly" garage wall to be visible after their works are finished.
Asking you to sort it out would be a bit cheeky and so to keep the peace they are kindly offering to do the rendering.
They get a nice white (or chosen colour) wall and you don't have to address the quite likely rough finish of, as Lons describes, a close wall to wall after build.
From what I have heard some of the modern rendering systems are far better than the old style way.
Maintenance is dependent upon how good these new renders are performing when expertly applied.
Cheers, Andy
 
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