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Moonshine

Party wall agreement with the same owner

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How is the party wall act applied if the party constructing a building, owns the party wall that is affected, as below;

361737953_retainingwall-existingfoundations.thumb.jpg.dc2fa1bdb891ec664190e4fd88a6111d.jpg

Does the title for the new house have to be created first, and then the party wall agreement assigned to it?

 

I presume it can be applied with the same owner without a conflict of interest.

 

What the process of getting a party wall agreement in place?

Edited by Moonshine

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There is no point in having a party wall award if you own both properties.

 

If you wanted to you could add rights and easements when you sell part.

 

Party Wall agreement involves the owner wanting to do work (Building Owner) giving notice to the affected neighbours (Adjoining Owner) of the work they intend to carry out and which bits of the Party Wall Act will apply.  This can just be agreed by the Adjoining Owner.  If not agreed it is deemed in dispute and one or more surveyors - paid by the Building Owner, will draw up an award stating how the work will be carried out, access for works and the existing condition of the AO building.  The Award does not go with the land reg - it is between the 2 parties only.

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No need for a Party Wall agreement with yourself.  What you do need, if you want to retain the wall in question, is a structural engineer who will specify the measures you need to take to ensure that it remains sound.  If you are going to sell this property in the future, a surveyor will want to know that this has been dealt with adequately , as if a party wall agreement had been  in place.

Edited by Judy C

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+1

 

No need for a Party Wall Agreement if you own all the properties.

 

The first step in the process of complying with the Party Wall Act involves writing letters to the neighbours notifying them of the work. If they agree to the work there is no need for a full Party Wall Agreement. You are hardly likely to disagree with yourself !

 

Its only if they disagree do you need to go to the next step and involve Surveyors to draw up a Party Wall Agreement. 

 

I agree with Judy's comment about an SE. You might consider retaining the SE not just to design the basement work but also to help interview the builder and make a few visits during construction. 

 

A basement addition isn't something to undertake without a lot of care as this couple recently found out..

 

https://metro.co.uk/2019/12/03/couple-handed-1000000-bill-botched-basement-conversion-led-house-collapse-11264594/

 

If you haven't already thought about it... You must notify your lender and possibly seek their permission for the work. Ditto your insurance company. It would also be essential to make sure the builder is fully insured - take a copy of his certificate and contact to company to ensure he's paid the premium and it would cover you and the neighbours if your house fell into the hole. In the story above it looks like two properties were destroyed (their flat and the one upstairs) and the houses either side damaged. 

 

 

 

 

 

 

Edited by Temp

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Cheers all, I didn't realise it was just a notification of works, I though it was a legal agreement that went along with the title of the house.

Yep a SE is certainly going to be involved in the design, and on my list of things to do is to determine the existing foundations construction and depth.

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