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Just been served Party Wall Notice by neighbour
Good evening. My neighbour has just served a Party Wall extension notice. I’m concerned because she isn’t getting everything thoroughly checked with building control (she’s doing the minimum just getting it signed off). There will be all sorts now attached to the party wall and I’m concerned about the effects on my property. I’ve asked her for the dormer to be moved so it isn’t actually on the party wall. What are people’s experience with this?
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20 Replies
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What do you mean by doing the minimum and just getting it signed off?
Building control has to sign off in stages, I don’t think she can do the minimum in that regards…
What are the actual concerns in regards to the building work?
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Building control and party wall are different items.They can’t start building without party wall agreement .They can’t build dormer on the party wall ,Tell them that you will not sign off the party wall agreement .
If you are concerned about impact on your property ,ask them to appoint a party wall surveyor ,You neighbour is legally responsible to pay for it .
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If you are concerned ask for a surveyor to be appointed, It won’t cost you anything. As for building control, she can’t dictate what is and isn’t inspected.
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a party wall surveyor does cost money, he will set out guideline to be adhered to, but may well give them the authority to go ahead with considerations.
BC will most definately be involved from start to finish so if she isn’t going to bother with them till the end you may be able to notify them. Then they will enforce the work is done to BC standards.
Depending on the size of the dorma she may need planning permission also. Which unless there is presidance ie other properties who have had a planning app approve for a simliar project she may or may not get approval
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You can built on the party wall as this is most likely joined by you and your neighbour via joined brickwork or a small cavity.
What they can’t do, if cross the legal boundary and damage any of your property through the building works.
PW notice will protect you and much as your neighbour. If ever in doubt, descent to the notice, get a schedule of conditions and award written up.
You probably don’t have any leverage in where they place their wall up to the boundary but you can appoint the same or your own surveyor to write an award an be followed.
Appointing a surveyor will also not come at any cost to yourself
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Loft conversions on semi-detached and terraced properties are about as standard as it gets. You can’t stop them building their dormer wall on the party wall (up to the boundary line) but the job of the party wall surveyor(s) is to ensure that the design is suitable and will not cause any structural issues when built. In order to do this there should be a set of drawings and calculations from a structural engineer detailing how the new structure will be supported on the party wall, and showing that the additional loads will not have any impact on the stability of the party wall. There is almost always plenty of spare capacity in party walls to absorb the additional load from a loft conversion. Any work should in no way affect your property.
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Unfortunately, as someone else has pointed out. If they build up to the Party Wall, it means I won’t be able to build such a dormer myself – only a very small one – due to access, which hardly seems fair. Also their structural engineer has submitted drawings but these have had no side checking and BC is not involved – am I wrong to be alarmed..
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You don’t want them to build up to the party wall you want them to beuild astride the boundry and have the dormer cheek as an extension of the party wall. Make sure that is in the PWA
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The structural drawings and calculations have to be submitted to building control otherwise it can’t be signed off and there’s no point paying the fees.
The party wall surveyor should also be issued with the drawings and calculations.
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Just to add as for the building control, they do ask for drawings prior to works starting and cross check at every point of the build.
we have done a dormer loft conversion a few months ago in a terraced property, our neighbour had one done first a few years ago. We had to leave some space between for maintenance access but I would not say it’s a huge difference. The dormer is still a good size.
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It sounds like you have gotten yourself a bit upset and she possible hasn’t explained herself very well. I would pop round and ask her to just run through it again so that you have clarity in your mind. We did a dormer on a semi detached house and building control came in at different points at the start, during and on completion to check everything was correct. The fact that she has issued you with a party wall act I think tells you that they are taking this seriously and with every consideration of you and your home. i see lots of comments on forums of neighbours not legally doing it . I can understand that maybe it feels rushed or unexplained but another talk may allay your fears.
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its not personal. Im not upset. Ive seen this type of work affecting the other semi property with leakages and I dont want it right on the wall.
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You are getting so much bad information on here, generally from builders with no knowledge of the pw act and your rights. You really really need to dissent to the notice. A dissent can inly be settled by a pw award, a pw award can only be prepared and issued by pw surveyors. So your neighbour then has to appoint a surveyor, you then either appoint your own surveyor at your neighbours cost or use theirs as an ‘agreed surveyor’. They will sort out what happens on the party wall. And your neighbour cant start for 2 months after the date of the notice, so dont feel rushed. I’ve been pw surveying for over 20 years – dm me if you want to chat.
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exactly this. It’s frustrating for builders but it is the only way you will be covered, including future insurance, mortgage and conveyancing issues, and it costs you NOTHING, it is all at your neighbours expense.
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You can still build on your side if they build on their side your just being really awkward about something you have no clue about!
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PW half of the wall belongs to you and half belongs to your neighbor, so your neighbor can build what he wants on his part of the wall obviously based on the structural engineer’s calculations.
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The Party Wall Act is a very important protection for you. Do NOT sign her request, this puts you in “dispute” which sounds upsetting but it’s just a legal term to say you do not agree to doing this between you. Your neighbour has to appoint a surveyor, if you agree on the same one, you could request that you have a separate surveyor, your neighbour has to pay for that too.
The surveyor(s) will look at the plans, particularly structural engineer calcs and measurements. You can also ask to see the insurance documentation for the building contractors they choose, which you must scrutinise and check. Building control is not the important thing here, making sure you follow the process into dispute so your neighbour is legally obliged to enter into a really formal agreement, jumping through all the loops and having professionals check the calcs is REALLY IMPORTANT. Please please do this.
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The structural engineer will also conduct condition surveys of your property which will show any existing cracks and you will be able to apply for compensation if your Neighbours works cause any damage to your property.
Regarding building regs, this is very different. They come to check that the builder is complying with the design of the build which has been passed by the structural engineer and party wall surveyor. Also, some builders have “pet” building regs inspectors which pass any old shoddy work. The party wall surveyor will be able huge comfort to you, please please listen to me on this.
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The process is:
Architect/ structural engineer produces drawings for the design to apply for planning permission.
If granted, a structural engineer calculates loads and measures everything which dictates the strength of the steel beams among other things.
Once you have “dissented” the Party Wall application, your neighbour appoints either one shared or one for them and you appoint another, all at the neighbour’s cost.
They examine everything, and determine whether the design put forward by the SE is valid, they run the calcs etc. to see if it will damage your property or limit your light or ability to extend your property.
Once you are satisfied, the building can proceed, at which point building control (either private or local authority) come to check that the building is being carried out exactly as per the agreed calcs and to safety standards eg plumbing, elecs, head height. Building control is not involved in the design stage. That’s the architect or structural engineer.
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Party wall agreement is part of the process, BC will be involved in the construction details. You may not know that, but the PW agreements should detail whats being attached to the wall. May last loft conversion the steel sits on my side of the party wall. Its 2 bricks wide approx 9″ the tiles sit on my side of the party wall. You can contact your local authority, ask for BC and have a chat about your concerns.
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