Help party wall or not?

[wessex101]

It would seem we have a misunderstanding how the Party Wall Act procedures work.

If the building owner carrying out the work finds themselves in a dissent situation they have to pay the costs of the adjoining owner's or the agreed shared surveyor. That is one of the reasons the Act was implemented, to protect adjoining property owners from potentially unscrupulous or negligent building owners, cowboy builders, dodgy property developers etc.

Unless the adjoining owner does something very silly it will never cost them a penny to have professional representation of an experienced party wall surveyor (never use a solicitor). It can cost the building owner a fortune if they fail to consult the neighbours and make sure they are going to agree to the work.

It is how the OP described their situation. They don't want to stop the work they just want to make sure there will not be any damage to their property. The neighbour here should be talking to the OP to reassure them and arranging a schedule of condition to agree any remedial works at the end of the job. Something they could work out between themselves for free as neighbours should. As it is they are being uncooperative so they are potentially working this up to a full blown Party Wall Award that will probably cost them £2k. It will not cost the OP as adjoining owner a single penny. The neighbour is being very foolish and not very neighbourly.

 

[^woody^]

How does an adjoining owner go about enforcing his rights under the Act, if the building owner is uncooperative?

 

[wessex101]

How does an adjoining owner go about enforcing his rights under the Act, if the building owner is uncooperative?

Very good point and one of the short comings of the Act. If the building owner really will not listen to reason I have found a well worded letter from a surveyor pointing out to the building owner their responsibilities and huge financial implications if they try to proceed without following due process always does the trick. An injunction is the last resort but I have never heard of one having to be used except in very complex projects in London because the building owner nearly always loses and it costs them £10k's.

However, sadly, if it gets to this stage of surveyors letters neighbour relations have already been destroyed and it usually turns into a very expensive and acrimonious process for the building owner. So anyone in this position is far better off just being nice to their neighbours.

Of course this letter may incur a small initial cost for the adjoining owner but most reasonable surveyors would defer payment and just add the time onto their account to the building owner as a legitimate part of the award so ultimately should be no cost to the AO.

 

[sl77]

hi guys, thanks to you both for this very useful information it has put my mind at ease a bit. i have to say i have had a few early mornings worrying about this all. hopefully all will be well in the long run. it was just that "shrug" of the shoulders that my neighbour gave when i mentioned about damage to my property as if to say "thats not my issue"
Again many thanks.