Hi Lisa, good to see you back.
I know I'm late to this discussion but I'll address what I can from your original post.
The letter you have received is concerning the Party Wall Act. You can find out specific detailed information HERE
Your neighbour does not get to decide whether or not they must appoint a surveyor. Under the Party Wall Act they must notify you - which is what this is - that they want to carry out work.
If you agree, then basically you are giving permission for them to do the work that they describe. If things are not clear you should ask for and be provided with drawings and details so that you can fully understand exactly what they are building.
Just a point here - what they are building is different to what was approved. When they applied for planning permission they were building a wall entirely on their land using eccentric foundations so that nothing would encroach on your land. This was to hopefully avoid an objection from you.
The wording can be confusing, but it sounds like they still want to build only on their own land but with standard foundations (which WILL extend into your land).
Although this is different from their planning permission, it is not a planning issue because it concerns the foundations and not the positioning of the wall. It WILL be a planning issue if the type of foundations necessary were noted in the permission under a condition. (I'll come back to this later).
Now, if you are not happy with your neighbours foundations encroaching onto your land then you can do one of two things:
1. nothing - in the eyes of the Act, a dispute will be raised, and party wall surveyors must be involved.
2. you can disagree / refuse the notice - raising a dispute, and bringing in party wall surveyors.
Now, given your neighbours changes, I'd do number 2.
You will be happy to know that you do not have to pay for any surveyors. Your neighbour covers the full cost. Pretty much can be a party wall surveyor, but they must be impartial. Your neighbour can pick his own, and you can pick your own. Often people will select the same person, because it is faster, cheaper and easier. But remember YOU are not paying anything. With that in mind you should go out and contact a party wall surveyor - any professional will be more than happy to do this, because they know that it doesn't matter about your financial situation, they must get paid by your neighbour - and it is more likely the neighbour will appoint them too!
Now, different surveyors may approach this in different ways and they will be able to advise you of the facts and details specific to your case. Three common outcomes will be;
1. the neighbour cannot build normal foundations on your land, they must use eccentric foundations
2. the neighbour will be allowed to build normal foundations on your land, and they will compensate you for the privilege (including access and potentially ground rent)
3. the neighbour will be allowed to build normal foundations and you wont seek any compensation - just that the surveyor ensures that the work is carried out without harm to you or your property (which also happens with the above).
(Another option, if you happen to be considering undertaking an extension yourself would be to allow them to build the wall astride the boundary line. This creates a new boundary wall which encroaches slightly on your land now, but gives you the right and ability to use this wall for your own extension in the future).
Notwithstanding all of the above, lets look at the issue of if eccentric foundations were put into the application on a condition. If your neighbour does not build these foundations then he would be in breach of his planning permission and you will be within your rights to issue a complaint to the planning department (but only once work was started or finished). They would open enforcement action against him which at the very worst (from his point of view) could result in him having to pull down the extension and rebuild it in accordance with his approval.
Luis
I know I'm late to this discussion but I'll address what I can from your original post.
The letter you have received is concerning the Party Wall Act. You can find out specific detailed information HERE
Your neighbour does not get to decide whether or not they must appoint a surveyor. Under the Party Wall Act they must notify you - which is what this is - that they want to carry out work.
If you agree, then basically you are giving permission for them to do the work that they describe. If things are not clear you should ask for and be provided with drawings and details so that you can fully understand exactly what they are building.
Just a point here - what they are building is different to what was approved. When they applied for planning permission they were building a wall entirely on their land using eccentric foundations so that nothing would encroach on your land. This was to hopefully avoid an objection from you.
The wording can be confusing, but it sounds like they still want to build only on their own land but with standard foundations (which WILL extend into your land).
Although this is different from their planning permission, it is not a planning issue because it concerns the foundations and not the positioning of the wall. It WILL be a planning issue if the type of foundations necessary were noted in the permission under a condition. (I'll come back to this later).
Now, if you are not happy with your neighbours foundations encroaching onto your land then you can do one of two things:
1. nothing - in the eyes of the Act, a dispute will be raised, and party wall surveyors must be involved.
2. you can disagree / refuse the notice - raising a dispute, and bringing in party wall surveyors.
Now, given your neighbours changes, I'd do number 2.
You will be happy to know that you do not have to pay for any surveyors. Your neighbour covers the full cost. Pretty much can be a party wall surveyor, but they must be impartial. Your neighbour can pick his own, and you can pick your own. Often people will select the same person, because it is faster, cheaper and easier. But remember YOU are not paying anything. With that in mind you should go out and contact a party wall surveyor - any professional will be more than happy to do this, because they know that it doesn't matter about your financial situation, they must get paid by your neighbour - and it is more likely the neighbour will appoint them too!
Now, different surveyors may approach this in different ways and they will be able to advise you of the facts and details specific to your case. Three common outcomes will be;
1. the neighbour cannot build normal foundations on your land, they must use eccentric foundations
2. the neighbour will be allowed to build normal foundations on your land, and they will compensate you for the privilege (including access and potentially ground rent)
3. the neighbour will be allowed to build normal foundations and you wont seek any compensation - just that the surveyor ensures that the work is carried out without harm to you or your property (which also happens with the above).
(Another option, if you happen to be considering undertaking an extension yourself would be to allow them to build the wall astride the boundary line. This creates a new boundary wall which encroaches slightly on your land now, but gives you the right and ability to use this wall for your own extension in the future).
Notwithstanding all of the above, lets look at the issue of if eccentric foundations were put into the application on a condition. If your neighbour does not build these foundations then he would be in breach of his planning permission and you will be within your rights to issue a complaint to the planning department (but only once work was started or finished). They would open enforcement action against him which at the very worst (from his point of view) could result in him having to pull down the extension and rebuild it in accordance with his approval.
Luis
