Neighbour extending / party wall being ignored Post Reply

[poppet27]

Hello

I live in a ground floor flat in a Victorian conversion. Our next door neighbours, also in the ground floor flat, want to do a side return extension. They said they want to do it quickly and inexpensively, and don't seem to fully know the ins and outs of doing an extension.

It's within permitted development but as it's 3 from our bedroom we would like a party wall surveyor and award. This is largely because we are thinking of selling and don't want to panic a buyer.

I have given the neighbour all my contact details, but he hasn't got in touch since. Planning are no help as it's a party wall issue.

What if the neighbours ignore our wishes for a surveyor and just go ahead anyway?

[LP73]

They could go ahead with it if they are confident that they will be awarded the party wall agreement.
They can also go ahead with it but there is a huge risk that you will take out a court order which will insist that they cease works until the agreement has been drawn up. You can also claim for damages against them.
It's in their best interest to apply for the party wall as they have to at some stage. If they don't then they can be asked to have the work removed.

[supergirl]

I believe you can call building control who would stop the work if they haven't had they steal beams approved properly so you could play that card.

I would send them a registered post letter mentioning you want a party wall agreement and that it is within your rights and give them a deadline by which to respond. If they fail to that, I would call a party wall surveyor and discuss your options and call building control. They were great for us 6-7 years ago when the cowboy DIYer who lived below us made our floor fall... 2cm from bottom of skirting board to floor

[NoisyKiwis]

I've had huge problems with nasty neighbours in the past when we did our extension & as a result we don't speak to our neighbours in our house in Putney. They put us through hell. Fortunately we had great support from our party wall specialist - nothing seemed to bother him. Our nice neighbours in the other side have since used him for their extension. He's not local but happy to cover SW London. Good prices, won't rip you off.

His name is Paul Wittrick. Good luck !

http://pwasurveyors.co.uk

[poppet27]

Thanks for your replies.
I’m aware it is in our best interests, it’s just that I can’t get the other side to communicate. I don’t want to have to pay for the surveyor (that’s not the done thing I realise).
They won’t be having steel beams as it’s a lean-to with skylights. But they will be excavating 3metres from our kitchen and bedroom and will pull down the fence between us.

Not sure how obnoxious it is to knock on their door again and say “er..about that party wall thing..” I just wish they would call or email us with news or any sort.

[this_is_cat]

If they are in a flat, doesn't that mean they have to get planning?
Permitted development doesn't apply to flats, I thought?

[poppet27]

Oh no!!! Guys what do I do?

I just received a text message from the neighbour saying building work has started today.

We've had nothing from them. No Schedule of Condition, no Three Metre notice, no surveyors, no idea of timelines. They've just gone ahead!!

[firsttimerSW11]

Tomorrow morning call Building Control or if you get no joy there, ask planning for some advice, even if they can't help per se. Someone will point you in the right direction.
Also and importantly, take pictures of the walls etc close to the works being carried out. Maybe a few videos (and add some narrative - time, date etc). Also take videos when any drilling is being done, you have proof of the work, the noise and any damage.
Good luck.

[Roxron]

Hi Poppet, have a look at Part 3 of the attached especially point 34 on p.24

https://www.gov.uk/guidance/party-wall- ... 6-guidance

I suspect they are incorrect about not needing planning permission as even though the return is less than 3metres wide it'll probably be over 3metres long, this means it doesn't fall within permitted development and requires planning permission. Also I don't really understand how they are avoiding the need for a steel? As soon as the current side wall is removed then the house will be unsupported.

Have you spoken to the people living in the upstairs flat to where the works are being done? As this work impacts on them too and they also should have party wall notice, statement of condition etc..

Good luck, what an anxious position to be put in.

[MGMidget]

Contact a local party wall surveyor and try to have an initial discussion for free about your situation. A friend of mine was in this situation and the party wall surveyor she contacted intervened and made the other party very worried they would have an injunction against them if they didn't stop work and get a party wall award sorted. It worked and saved her having to go to court. If you describe the situation to the surveyor he should be able to give you some initial advice on whether the work is likely to fall within the Party Wall Act.

Try searching for the following websites:

Faculty of Party Wall Surveyors (you can search online for local surveyors)
RICS (again there is a search facility)
Pyramus and Thisbe Club also hold a list of party wall surveyors.

Also, if you have legal expenses insurance on your home insurance policy you can try them for some initial legal advice on the phone.

Your remedy if they don't stop work is to apply to court for an injunction to stop the work. This must be done quickly and you should be careful to make sure that the work falls within the Party Wall Act before you apply as you do not want to end up paying the costs. As I understand it, injunctions are expensive to obtain but your neighbour would have to foot the bill if they are in the wrong and have carried out work that needed a party wall award first. If you are mistaken you may have the pay the costs. You need to move quickly to get an injunction so get advice as soon as possible so that option is still available to you.

[jimisayo]

Angela Lyon of Orbital Chartered Surveyors is a party wall specialist and also an expert witness if a claim for damages needs to be submitted. Hoping it won't come to that. You can reach her on 0208 679 6363 (Offices in Streatham).