Lk1980 Posted March 13, 2022 Share Posted March 13, 2022 Hello forum members, thank you for reading this post. I was hoping if someone could help. We are building a rear extension and my neighbours have signed and consented to the line of junction, party wall, and excavation notices as its a semi detached property. She has sent us an acknowledgement letter confirming she is consenting to the proposed work and consented to all 3 notices. Despite sending all the documents and drawings which were submitted to planning and building control before securing approval, she is asking for more drawings to be made and proposals to be drawn up before the work to be started. The wall is going to be solely on our land and will not go on her property. The wall will be separated by existing fence by a few inches. The neighbours have asked me to submit the following before the work starts 1. Section Drawing detailing the level difference between both properties. (I do not understand, if we are building entirely on our land why is it required) neither building control or planning officers asked for it prior to their approval. I will have to pay the architect separately again to prepare extra set of drawings. 2. Neighbour wants us to submit proposals to her to ensure stability of her sun longe and patio in temporary and permanent condition 3. Proposal to ensure the spread of foundation does not encroach her property. 4. A meeting with a project manager and contractor to discuss appropriate works as referred to in the party wall act 199 part 2 points 5 & 30 along other points arising (which she has not mentioned in her acknowledgement letter.) I am OK with point 4. However the first 3 points will cost me additional money to be prepared and wondering if there is any law that requires me to send the above 3 prior to commencing the work or do I just send her the letter thanking for her support and advise her that these are not required by law or party wall act to be provided as the wall is solely on our property (about 5-10 inches away from our fence) and chat with builders will ensure to lay her worries to bed including builders insurance will be in place to ensure that if a damage is done to her property, it will be rectified by the builders and as per legal requirements set out in the party wall act 1999. I am also going to appoint an independent surveyor to examine the condition of the property and a schedule drawn up for our peace of mind. Many thanks in advance for your help Lk. Link to comment Share on other sites More sharing options...
Adsibob Posted March 13, 2022 Share Posted March 13, 2022 If she has consented, it is too late for her to ask for anything. Carry on. 1 Link to comment Share on other sites More sharing options...
Temp Posted March 13, 2022 Share Posted March 13, 2022 The wording suggests someone (her surveyor?) has suggested she ask for them. Regarding point 3. I believe you actually have a right for foundations to undersail the boundary if strictly necessary (nothing must oversail)... https://stanleyassociates.uk/neighbours-basis-on-my-land/ 1 Link to comment Share on other sites More sharing options...
Ferdinand Posted March 13, 2022 Share Posted March 13, 2022 Have you dealt with the issue of any required access to her land you need to build your extension? Link to comment Share on other sites More sharing options...
Lk1980 Posted March 13, 2022 Author Share Posted March 13, 2022 3 hours ago, Adsibob said: If she has consented, it is too late for her to ask for anything. Carry on. Thanks Adsibob Link to comment Share on other sites More sharing options...
Lk1980 Posted March 13, 2022 Author Share Posted March 13, 2022 1 hour ago, Ferdinand said: Have you dealt with the issue of any required access to her land you need to build your extension? We have discussed that if the access is required she will provide necessary access. Nothing is in writing. When I read party wall act, I think it does say, she has to provide reasonable access. Would this not suffice? Link to comment Share on other sites More sharing options...
Ferdinand Posted March 13, 2022 Share Posted March 13, 2022 3 minutes ago, Lk1980 said: We have discussed that if the access is required she will provide necessary access. Nothing is in writing. When I read party wall act, I think it does say, she has to provide reasonable access. Would this not suffice? I don't know - this, including how much you should pay for access, should be in the party wall act award. It needs to be one of your ducks in a row, otherwise what are you going to do if she says know. https://hsfnotes.com/realestatedevelopment/2016/09/01/1163/#:~:text=The Party Walls Act creates,site and the neighbouring land. One for your skill and judgement 😉. Link to comment Share on other sites More sharing options...
Lk1980 Posted March 27, 2022 Author Share Posted March 27, 2022 Hello Help required again please. The neighbour strikes back. I sent them a party wall notice to remove the chimney from the wall. With that one of the option sent by the surveyor was 1. Consent to all work mentioned. 2. Consent to the work subject to schedule of conditions report for her property paid by us. 3. Dissent to every thing. 4. Appoint their surveyor. The neighbour has signed the consent option 2 (subject to we paying for the survey of her property and she receiving the report) which we do not have any problems. She has also sent an accompanying letter that she is OK subject to we doing a schedule of condition on our property and sending her the report and the photos.(this is bizarre because we are going to demolish our chimney etc... and what is the schedule of condition for our property going to achieve for her?) Also as per party wall act, is this a mandatory or legally required to provide a schedule of conditions for our property before we commence the works. Thanks LK Link to comment Share on other sites More sharing options...
Mr Punter Posted March 27, 2022 Share Posted March 27, 2022 They have given their consent subject to the survey being undertaken at your expense. Perhaps they want your side surveyed as any structural issues may manifest there first. I imagine it would be sensible to survey both sides. I think if you start work without a schedule of condition you will be at risk of legal action. Link to comment Share on other sites More sharing options...
Lk1980 Posted March 27, 2022 Author Share Posted March 27, 2022 1 hour ago, Mr Punter said: They have given their consent subject to the survey being undertaken at your expense. Perhaps they want your side surveyed as any structural issues may manifest there first. I imagine it would be sensible to survey both sides. I think if you start work without a schedule of condition you will be at risk of legal action. Hi Mr. Punter. The whole thing is about to be demolished so I do not know what is the point of the survey. We are removing the chimney breast and will be breaking the ceiling to extend the kitchen into the existing patio. The party wall acknowledges explicitly that it's the neighbours survey we are getting do e and that is what she has signed. There is no mention of survey to our property in the party wall notice Link to comment Share on other sites More sharing options...
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