No reply from owner of next door

[notreadyforthis]

We're looking to put a steel beam in to support the structure of our end terrace house and the side extension we're building. Builder told us we need to let the neighbour know as its a party wall and they may want a survey done. The owner lives overseas and rents out the house. I contacted the agency that manages the property on behalf of the owner and they asked me to email them with the details. That was over two weeks ago and I've yet to receive a response.

 

What happens in the scenario when the party wall owner doesn't respond? Is that a strategy that is used by non-instigating owner to avoid hassle or costs from having a survey done whilst retaining their right to take me to court if they for some reason further down the line wish to sue?

[Adsibob]

10 minutes ago, notreadyforthis said:

We're looking to put a steel beam in to support the structure of our end terrace house and the side extension we're building. Builder told us we need to let the neighbour know as its a party wall and they may want a survey done. The owner lives overseas and rents out the house. I contacted the agency that manages the property on behalf of the owner and they asked me to email them with the details. That was over two weeks ago and I've yet to receive a response.

 

What happens in the scenario when the party wall owner doesn't respond? Is that a strategy that is used by non-instigating owner to avoid hassle or costs from having a survey done whilst retaining their right to take me to court if they for some reason further down the line wish to sue?

You have to serve a further notice warning them that if they do not respond within a certain time period you will appoint a surveyor on their behalf. This happened to me, and was actually beneficial as my surveyor appointed somebody whom he knew to be efficient and cheap, and it was relatively straightforward or … as straightforward as these things can ever be!

 There are certain formalities that such a notice needs to comply with, so worth getting your party wall surveyor to draft it.

Edited January 18, 2022 by Adsibob

[Temp]

See The Guide to the Party Wall Act.

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

Unfortunately it can get expensive if they don't cooperate as its you who pays for their surveyor as well as your own.

 

 It's worth noting that there is no penalty for non compliance with the Act, however if you cause damage and it ended up in court the judge would take a dim view of you not being  in compliance. 

 

First check if the work is even covered by the Act or if you can change it so it doesn't.

Edited January 19, 2022 by Temp