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Seeking advice on Party Wall Act for extension
Seeking advice on Party Wall Act!
Ours is semi-detached property and we are planning to do side extension till our side boundry(drive way side). The planning permission is submitted and in-progress with council. We explained our neighbors on the work etc. and they raised concerns as we are planning the build till the side boundary and asked for Party Wall agreement.
They are also doing the side extension(work is ongoing) but leaving 800mm gap for rear access.
My question is do they also need to serve me ‘Party Wall Agreement? Which they haven’t done so far. What should my steps be? Please advise!
[Please note we done exchange and completion after they started their work but they din’t serve Party wall notice to the previous owners as well]
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6 Replies
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If you’re building within 3m of them you need to serve notice. In regards to boundary’s this is a legal matter not a party wall one. If your building on your land but within 3m of the neighbour that is normally a requirement to serve notice. They can choose from the notice to have an award, do a schedule of conditions or consent. All is at your cost.
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thanks for the details and advice. Yes want to get this done smoothly but neighbour silently ignored their responsibility and dragging our work
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they should be serving Notice, as you should.
As piers suggested this can probably be thrashed out through conversation but it’s important you (and your neighbour) are familiar enough with the Act to have that conversation and have agreements (even if that is consent) in writing to best prevent any future disputes.
I am the owner and director of London Party Wall Surveyors Ltd and would be happy to talk you through how to approach the matter if you’d like.
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Thete really is some shite advice on this post. You can build within 3m of your neighbours structure and not need to serve notice IF you are not excavating to a greatrr depth than their foundations. 3 metres on its own doed not trigger the PW Act. It needs to be within 3m and to a greater depth.
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They ought to have served a party wall notice to the previous owners. The previous owners ought to have declared the on-going works on the TA6 form during the conveyancing stage. You can request one now and if they refuse you can get a court injunction to stop the works. Use good neighbourliness tactics and avoid the injunction option. But they should provide you one.
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If they are leaving a 800 mm pathway then they don’t need to ask for the agreement
Because your wanting to go right up to the boundary you’ll need one
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