Experience of Difficult Neighbours and Party Wall Agreements

[susyp]

Random thread here but I wondered if anyone had experience of establishing a party wall agreement with neighbours they don't get on with.

We have one awful side who we know are in the process of moving - however this may not happen for 4-5 months. We expected them to appoint their own party wall surveyor and they have. However we have discovered it;s not a registered surveyor but a builder (possibly a friend of the family) and alarm bells are ringing. Is it possible/easy for them to take us for a monetary ride- eg keep calling the builder back to check things, charge astronomical rates?

We are thinking about postponing our building work until they have moved, given that it is likely they will, but it is pretty frustrating as we have lived in a brown house now for 2 years and we are all geared up to get it renovated! Plus we will have to pay our party wall surveyor some of his fees I think.

thank you for any advice

Susypx

[nunheadbelle]

To be honest, I don't think a party wall surveyor needs to be a qualified surveyor, just someone who knows enough about the process.

[DrinkingBuddy]

You don't need an agreement for a new wall as long as it is on your land. The advantage to your neighbour of agreeing to a new party wall is if they / future owners ever wanted to extend to it it is available for them. If you have built up to the party line (but remained on your side) they would have to leave a gap to prevent damp there by reducuicing the size on their side, if they didn't and damaged your wall they would be liable for damage.

Personally I'd suggest spending a few hundred quid with a lawyer to explain the situation.

[nunheadbelle]

DrinkingBuddy Wrote:

-------------------------------------------------------

> You don't need an agreement for a new wall as long

> as it is on your land. The advantage to your

> neighbour of agreeing to a new party wall is if

> they / future owners ever wanted to extend to it

> it is available for them. If you have built up to

> the party line (but remained on your side) they

> would have to leave a gap to prevent damp there by

> reducuicing the size on their side, if they didn't

> and damaged your wall they would be liable for

> damage.

>

> Personally I'd suggest spending a few hundred quid

> with a lawyer to explain the situation.

I think this is more than building a wall, it seems a house renovation will be taking place. If extensions are involved (loft conversion or addition to the building, i.e .conservatory/extension) then it's usual to draw up a party wall agreement.

As to their person not being qualified, and just a builder, he will need to understand the process because he will be liaising with your party wall surveyor and usually a Schedule of Condition will need to be done, to assess any damage which has occurred during the building works, so the builder will need to know his stuff.

As to spending a few hundred quid on seeing a lawyer, your appointed surveyor should be your first port of call regarding this as he will know what to do and can explain it all to you, especially in cases where the other side is being difficult, I'm sure he's done this loads of times before.

[susyp]

yes we have a party wall guy i guess was second guessing him a bit - it's just useful to hear others take on it as we only have one person advising us (obv). He seems to think this guy is ok. I guess we will see. It's a loft and extension. Can't believe I'm already stressed out and the building work hasn;t even begun yet. doh.

susypx