sam_260729 Posted March 26, 2022 Share Posted March 26, 2022 Hi, We are trying to get party wall agreement with our neighbour for our extension.We have boundary disagreements. Our neighbour asked us that he will remove the rendering of the wall so that he can prove that it has two walls inside. But we disagreed to it and notified him verbally and via email.But he went away and removed the rendering on his side.Can he do it? What are our rights and What actions can we take against him? Link to comment Share on other sites More sharing options...
sam_260729 Posted March 26, 2022 Author Share Posted March 26, 2022 Hi, We are trying to get party wall agreement with our neighbour for our extension.We have boundary disagreements. Our neighbour asked us that he will remove the rendering of the wall so that he can prove that it has two walls inside. But we disagreed to it and notified him verbally and via email.But he went away and removed the rendering on his side.Can he do it? What are our rights and What actions can we take against him? Link to comment Share on other sites More sharing options...
nod Posted March 26, 2022 Share Posted March 26, 2022 He doesn’t need to remove the render A 10 mill drill bit will establish this for him 1 Link to comment Share on other sites More sharing options...
tonyshouse Posted March 26, 2022 Share Posted March 26, 2022 Best idea is to get a party wall surveyor to advise. I would avoid a dispute if at all possible get a friend to talk to him and mediate if you want to go in hard issue a ‘Party Wall Act’ breach notice! He has contravened the Party Wall Act and is now liable to pay your costs and reinstate the wall. Link to comment Share on other sites More sharing options...
sam_260729 Posted March 26, 2022 Author Share Posted March 26, 2022 Thanks Tonyshouse. We haven't reached party wall agreement and also I am doing the extension not the neighbour. Is he breached the Party Wall Act? while the dispute is progress, can he damage/tamper the boundary wall? Link to comment Share on other sites More sharing options...
sam_260729 Posted March 26, 2022 Author Share Posted March 26, 2022 Thanks for quick response Nod. Can you pls. kindly explain how we can establish the fact with 10mm drill ? Link to comment Share on other sites More sharing options...
tonyshouse Posted March 26, 2022 Share Posted March 26, 2022 If it is a party wall then the Party Wall Act applies. If he does work to the wall he needs to give you written notice. In removing the render he has breached the party wall act and is now liable. I don’t see what difference it makes whether it is a solid wall, cavity wall or a poured concrete wall. Link to comment Share on other sites More sharing options...
ToughButterCup Posted March 26, 2022 Share Posted March 26, 2022 (edited) 1 hour ago, sam_260729 said: ....Can he do it? What are our rights and What actions can we take against him? Here is the detail you need. BH's focus is more on the technical aspects of building rather than the ins and outs of the legal aspects of building. Quote 12. What if I cannot reach agreement with the Adjoining Owners on the work to be done to the party wall? The best way of settling any point of difference is by friendly discussion with your neighbour. Agreements should always be put in writing. If you cannot reach agreement with the Adjoining Owners, the next best thing is to agree with them on appointing what the Act calls an “Agreed Surveyor” to draw up an “Award”. The surveyor must be a person agreed between the owners to act. Alternatively, each owner can appoint a surveyor to draw up the award together. The two appointed surveyors will select a third surveyor (who would be called in only if the two appointed surveyors cannot agree or either of the owners or either surveyor calls upon the third surveyor to make an award). In all cases, surveyors appointed or selected under the dispute resolution procedure of the Act must consider the interests and rights of both owners and draw up an award impartially. Their duty is to resolve matters in dispute in a fair and practical way. Where separate surveyors are appointed by each owner, the surveyors must liaise with their appointing owners and put forward the respective owners’ preferred outcome. However, beyond that the surveyors do not act as representatives for the respective owners. They must always act consistently with the terms of the Act to reach a fair and impartial award. https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#para_12 downloaded March 2022 Edited March 26, 2022 by ToughButterCup Link to comment Share on other sites More sharing options...
ProDave Posted March 26, 2022 Share Posted March 26, 2022 It's hard to make any comment not knowing where this wall is, what it is? Garden wall? House wall? garage wall? etc. And if there is a boundary dispute is the neighbour claiming the wall is entirely on his land and his wall not a party wall? Link to comment Share on other sites More sharing options...
ProDave Posted March 26, 2022 Share Posted March 26, 2022 Two threads identical title and question merged. Link to comment Share on other sites More sharing options...
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