loft conversions & party wall agreements

[fitch]

A few years ago our neighbours had a loft conversion with dormer built. The side of the dormer, (at the back), sits on the party wall. At the time we were not at all clued up on building regs, and we were not approached about any party wall agreement, so we just let it go ahead.

Well....I know what you're thinking....the man's an idiot! That's probably true, but someone mentioned to me recently that it COULD NOT have passed building control, and may even be illegal, with the result that if we want to sell the house, or the neighbours try to do so, any search will flag up this ommission with immediate and embarassing results.

Has anyone got any printable thoughts or suggestions as to how to get this sorted?

[MGolden]

Do you get on OK with your neighbours? Can you ask them - maybe phrase it along the lines of 'I'm sure we did sign one but I can't remember signing a party wall agreement'.

Or you could approach the local authority building regs dept and ask if this was signed off by building regs.

I'm pretty sure you can sign a retrospective party wall agreement although only pretty sure, not certain. The advantage of the dormer wall being on the party wall is that you can use it if you ever do a loft conversion yourself!

[number 2]

our neighbours have had their loft done. we didn't sign a party wall agreement and they are selling. i don't think it should be a problem. we had ours done too and tried to get the neighbour on the other side to sign an agreement but couldn't get hold of him (it's a rental property and he lives in cheshire). i was led to believe it wouldn't be a problem.

[Lamo]

Depending on how long ago this was done, when you come to sell if you have no party wall agreement I imagine you will be able to offer an indemnity insurance for the lack of it.

[Tradesman32]

The party wall agreement wont be an issue when selling either house. A party wall agreement is in place to protect both parties while the build is ongoing and a short period after. Your neighbours however should have had the build inspected by building control throughout the build process. They should also have a 'Final Certificate" which certifies that the conversion complies with the regs. Southwark Council should have a record of this project if it was signed off correctly.

Believe it or not if you carry out work on your property which involves the party wall you are legally obliged to notify your neighbours affected. Should your neighbour want a surveyor to draw up a party wall agreement you as the person carrying out the work are again obliged by law to provide and pay for their surveyor. Even if they do not respond and you need to force the award you still need your surveyor to appoint a different surveyor on their behalf.

In a situation where your neighbours have built a dormer (which technically is a window) on their half of the party wall you are not allowed to build off it or attach to it. A party wall surveyor may request a capping detail to close what will become a cavity in the event you build alongside it. In the case where they have raised the party wall for Mansard (roof) construction then you are able to make use of it but only when you have paid half the cost of the construction of the wall.

With all that said the only thing I think you need to check is what the neighbours built. Make sure it is not on your side of the party wall. If in the future you decide to build a loft it will cause you problems.

[fitch]

Thanks everybody for your thoughts. It is much appreciated. We will check with Southwark planning to see whether the work was signed off properly.