Party wall agreement with picture

[sallibee]

I'm the owner of a property whose rear wall is also the wall of what was 700m2 storage building. It had its roof removed before I bought my property but the cut off steel girders still penetrate the wall. The entrance was through large sliding double wooden doors on a steel track and set into a reinforced concrete arch which attaches to one corner of my property and to the garden wall of a house on the adjacent road.

Planning permission has been given for the building of five houses and it has now been cleared ready for building.

I'm extremely concerned about what will happen to the arch as it must supporting (acting as a brace) my building, and the girders and also the effect on the stability of my building of the breaking of the thick concrete that will be necessary for the supply of services. (The concrete was broken in the next access road for a similar project and the woman who lives in the house three buildings away was unable to be at home when they were digging as the vibrations were so great).

I haven't lived in the UK for many years and am finding it hard to get my head around how to deal with this.

The council says it is nothing to do with them (a summary of many conversations). As I understand it, it is the job of the party that is doing the building to issue a party wall agreement. Is that right? Or can I write one?

The owner of the land is a difficult man, rude to extremely nice people and not someone I could talk to about it (I've been stewing over it for months). When I had a damp problem and wanted to fill the crack that was all along the bottom of the wall, he wanted me to get a survey done! Fortunately he knew my builder and he sweet talked him into letting him do it without a survey.

I want to be consulted about any work to be done, to meet the building control people and want to be sure that no damage will be done to my property and that he accepts all liability if damage is caused.

If I can draw up a party wall agreement, should I use second or third person? What should I include? Any advice would be much appreciated. I badly need a push in the right direction.

Thank you.

 

[^woody^]

Firstly, it's not clear which is your land or walls and which bits you are disputing as dangerous.

You can't write a party wall agreement. The person doing the work must notify you (Serve Notice) and then you can agree or dispute the works. If you dispute then you can instruct a surveyor to look after your interests. The surveyor(s) then issue what is called "An Award", and this details what must and must not be done. The person doing the work pays all costs.

If the PW Act applies and you don't get served a notice, then you can apply to the Court for an Injunction to stop the work, and force the land owner to follow the PW Act.

Planning permission must be followed, so see what it says about the wall. The council planners will deal with any deviances from the permission. Check the planning permission for any conditions.

If you think the wall and beam are dangerous, then contact the councils Building Control team and tell them there is a dangerous structure. The will come straight out. But try and be sure that it is actually dangerous before you call them.

For other noise, mess, safety issues relating to the work contact the councils Environment Health team.

For any other land issues - trespass, damage to your land and suchlike, then you will need to deal with these as a private case via a solicitor or the Courts. Your property insurers may assist.

 

[wessex101]

It looks like there are 2 walls. The steel frame and high level "parapet" wall look like it has been built up against the existing wall of the house.

So the factory wall may not be a Party Wall but the rear wall of the house might be. It rather depends on the exact position of the boundary and whether the wall to the house is a Class F Party Wall. It is rather complicated, I would suggest you talk to a couple of local reputable party wall surveyors for some guidance.

 

[John D v2.0]

Regardless of what happens, in terms of damage, the adjacent owner is responsible for putting right any damage to your property. You may want to make sure your home insurance is up to date with full legal cover though.
Take some dated photos inside your house to show the levels of cracking before hand.
They are also responsible for protecting the wall where it is exposed now and it didn't used to be. So i would have expected him to have re point/seal the wall art his expense.
Not sure about the other considerations.

 

[sallibee]

Thank you. Actually, behind the parapet wall is a 50cm gulley, which I know intimately due to undiscoverable leaks. The roof line continues below this to the wall of the 'land'. The wall of my property is a cavity wall and definitely a party wall (I've taken bricks out to repair). The main issues are:
a) the concrete breaking potentially damaging my property
b) the plans for the arch
c) who creates a party wall agreement (and when)

How does one find a reputable party wall surveyor? I've only had bad builders. One totally ripped me off and left without finishing the work I'd paid for (cost me thous, another was a great talker (worked for Spike Mulligan) and did terrible work which took an age, etc etc. I'm totally disillusioned by the state of things in the UK.

 

[wessex101]

I've found the best tend to be members of this organisation......https://www.partywalls.org.uk/
Also for added protection I would go for a member of the RICS as they require all members must have quite robust complaints procedures including access to a free Ombudsman scheme and their disciplinary proceedings against errant members are quite punitive.

As I said before I'm not convinced A) and B) come under the Party Wall Act so C) may not apply.

 

[John D v2.0]

a they would have to repair any damage to your property but you may need to involve your house insurance
b i would have thought they would remove it but that would be covered by c if it affects the party wall
Woody has amply covered your c

 

[sallibee]

I have to confess to not having insurance. It isn't a house but mixed use: a flat and two commercial units in a yard. A naive question no doubt, but why would my insurance need to be involved in damage done by another party?

 

[sallibee]

Regardless of what happens, in terms of damage, the adjacent owner is responsible for putting right any damage to your property. You may want to make sure your home insurance is up to date with full legal cover though.
Take some dated photos inside your house to show the levels of cracking before hand.
They are also responsible for protecting the wall where it is exposed now and it didn't used to be. So i would have expected him to have re point/seal the wall art his expense.
Not sure about the other considerations.

All good ideas. Thank you.

Firstly, it's not clear which is your land or walls and which bits you are disputing as dangerous.

You can't write a party wall agreement. The person doing the work must notify you (Serve Notice) and then you can agree or dispute the works.

Planning permission must be followed, so see what it says about the wall. The council planners will deal with any deviances from the permission. Check the planning permission for any conditions.

If you think the wall and beam are dangerous, then contact the councils Building Control team and tell them there is a dangerous structure. The will come straight out. But try and be sure that it is actually dangerous before you call them.
.

Woody, thank you. Good to know that I can't write a PW agreement. In the photo, my building is to the left, the beam is attached to its corner. The council says the boundary wall is nothing to do with them, that they deal with the viability/impact etc of the houses, landscaping etc. I've read all of the planning permission documents and there is nothing in them that is relevant. In their present state, the wall and beam aren't dangerous, but removing the beam sould surely affect my building and the vibration of the digging work will have an effect. The council have visited and met with the developer/owner after I expressed my concerns, but the developer hasn't contacted me in all this time.

I've found the best tend to be members of this organisation......https://www.partywalls.org.uk/
Also for added protection I would go for a member of the RICS as they require all members must have quite robust complaints procedures including access to a free Ombudsman scheme and their disciplinary proceedings against errant members are quite punitive.

As I said before I'm not convinced A) and B) come under the Party Wall Act so C) may not apply.

I obviously need to get a surveyor involved. Thank you.

 

[^woody^]

The developer may use a private building control firm and not the council team. Private inspectors will tend to have less interest in neighbour issues and neighbours.

From that image, if the beam and those steel posts going around the site, and that parapet wall belong to the developer, then if they are removed there is an obligation to ensure that your property affected by any works is made good and kept weathertight. However this is a private matter under land and property law, and if need be can only be pursued through the courts. But it may be included in any PArty Wall Award if the PW Act applies.

Otherwise, you will need to check your deeds for the property boundaries and if any duties are owed under any covenants or easements. If so, again this is a private matter enforced via the courts.

 

[John D v2.0]

I have to confess to not having insurance. It isn't a house but mixed use: a flat and two commercial units in a yard. A naive question no doubt, but why would my insurance need to be involved in damage done by another party?

get some asap then before any damage occurs.

if another party damages your place, and your insurance covers it, then your insurance will do the repairs and go after the other party for the costs. A bit like if someone crashes into your car, you just call the insurance and let them get on with it.

Also the legal cover can handle any non insured legal issues. e.g. the developer taking over some of your garden. Although in that case, they will only pursue action if there's more chance of success than failure.

 

[sallibee]

get some asap then before any damage occurs.

if another party damages your place, and your insurance covers it, then your insurance will do the repairs and go after the other party for the costs. A bit like if someone crashes into your car, you just call the insurance and let them get on with it.

Thank you. I'll look into insurance. I did look before and gave up as the commercial element made it hard to find (for me).

Yesterday I talked to the surveyor I know and he came and looked. He did a survey for me pre-purchase and knows all the problems I had with the builder etc. He happens to also be a party wall surveyor and a RICS member. He is going to write a letter to the owner and the architect saying that they need to serve notice. The bad news is that if they don't do so, I can then get an injunction to stop work, and that is where the insurance and legal costs would be of use.

Now I at least feel I have someone who will act in my best interests.

Thank you very much for your input. It has been invaluable. Churning things around in my head and doing fruitless online searches was awful. Finally stumbling upon this forum was a great relief.

 

[^woody^]

Thank you. I'll look into insurance.

You may need to have the insurance in place before you start any action, as otherwise the cover may not apply. Check this out before you do anything.

 

[John D v2.0]

Yes woody is right, if it's a complicated situation it might be worth finding an insurance broker as they have more experience outside of the off the shelf domestic mass solde policies

Glad you have someone you trust acting on your side now, that must be a weight off your mind at least.