Party Wall Notice Served In Error

[motorbiking]

sorry - how close is the works to the boundary? and what have you already told them in your notice about them.

Its hard to unsay something in writing.

 

[Adrawk]

The excavations are within 50mm of the boundary. But not on the boundary.

 

[motorbiking]

You can't undo what is done and you can't un write what you've written, its their move. I'd try as best you can to cooperate and communicate orally - its likely they will want to survey the work and possibly make a claim for damages. I'd photograph as much as possible measure depths etc and keep this in your back pocket in case you ever need to defend a claim.

Have you read the party wall act?
read sec 6, 8 and 20 in particular

 

[jeds]

My advice is get on and get the foundation finished, build up to dpc and get the ground backfilled ASAP. Then write to whoever it is and tell them you have taken advice and discovered that the PWA cannot be invoked retrospectively so you apologise but regretfully there is nothing you can now do about it. Tell them the details of the foundation - i.e. that is was only just below the level of the existing and that at 2m distance you are assured by your advisors that this cannot cause damage but that if any damage does now occur the only option open to you is to deal with it outside of the Act - which you assure them you will be happy to do.

 

[^woody^]

In addition to Jed's post, I would consider adding to the comunication to the HA, that as far as you can tell, there has been no impact from your work on their property, and the occupier has not informed you of any either.

Whether you want to tell them that you are not happy with their heavy handed attitude and ask if its their policy as a social housing organisation to work with the community or against it, is up to you. ie the little hitler may not be acting in accordance with the associations policy or aims, but just on a power trip.

Bear in mind that there is no claim unless there is damage resulting from your work. There is no penalty for not following the Act.

A housing association would not normally spend money on an injunction unless there is actual or almost certain damage or risk to it. It is just as much risk (perhaps more so) for them to persue legal action, as it is for you to carry on without the PWA, and they tend not to have the money, resources or motivation.

 

[motorbiking]

the otherside is the wronged party even if the OP was unaware of his obligations. A letter of confession, with a tone of aggression won't help anyone other than the HAs claims team.

 

[Adrawk]

You can't undo what is done and you can't un write what you've written, its their move. I'd try as best you can to cooperate and communicate orally - its likely they will want to survey the work and possibly make a claim for damages. I'd photograph as much as possible measure depths etc and keep this in your back pocket in case you ever need to defend a claim.

Have you read the party wall act?
read sec 6, 8 and 20 in particular

Sorry I missed what you said earlier. I read the act rather belatedly and obviously made some mistakes, which is why I'm here now. In the notice I stated the foundations were to be 1000mm x 600mm foundations. The existing foundations within my property were 1100mm deep. I have gone slightly deeper in some areas, not by design but enthusiastic digging!

Thanks to everyone who has given me advice, my head is still spinning a bit. I'll need to have a sit down and consider my options over the weekend.

 

[motorbiking]

OK - so if you served too late its one thing, but if you served when you didn't need to there is no right gained on their side. If you have indeed gone deeper than their foundations, you'd be liable for any costs they incurred investigating, but if it turns out you haven't then they have no right to claim from you, even if you incorrectly served a notice when you didn't need to - a fact they are probably aware of.

 

[chappers]

Again just get the concrete in and call/write back apologising for not invoking the PWA to the correct person and point out to them that there is no recourse in law for you not invoking the PWA and also that there is no provision for retrospective submission and therefore the notice you served was served in error.
If you have caused damage then that's done and invoking the PWA wouldn't have protected against that, nor provided them with any further protection than already exists within the law. the fact that you didn't invoke the PWA is also done so a retrospective survey of condition will not now protect you either.
Get it filled, get the land re-instated ASAP that is your best way of preventing any damage, we could have flash floods, which could wash their founds away between now and whenever a pointless PWA is agreed.

 

[motorbiking]

getting it filled is good advice. the rest... not so much

 

[wessex101]

Sorry I missed what you said earlier. I read the act rather belatedly and obviously made some mistakes, which is why I'm here now. In the notice I stated the foundations were to be 1000mm x 600mm foundations. The existing foundations within my property were 1100mm deep. I have gone slightly deeper in some areas, not by design but enthusiastic digging!

If I'm reading that correctly you have not gone deeper than the existing foundations, HAVE YOU? (nudge nudge wink wink) therefore the Party Wall Act does not apply and the notice served in error is void.

Just crack on and get it concreted ASAP.

 

[Adrawk]

As a small update, it turns out the plans I have show two differing versions of where the extension is going to be placed with regards the boundary. I have a feeling the man from the HA has seen building right onto the boundary as requiring PWA. Would that be correct?

I have drafted a letter to send on Monday to reassure that the excavations have minimal chance of impacting upon my neighbours house and that the extension will be built off of and tied into my wall only.

 

[motorbiking]

If you haven't built on the boundary line then you aren't creating a party wall needing their permission. I'm assuming its your foundations that are within 5cm of the boundary and therefore the actual wall will be even further away? what about your roof, if your drainage or roof overhangs the boundary, they have a right to remedy it.

You need to get your concrete in and leave it at that. I assume you served a 3M notice not a creation of party wall notice?

 

[Adrawk]

Correct, the notice I served was under section 6, for the excavations and nothing else.

My actual wall will be at the very least 200mm from the boundary. The flat roof with have a parapet on that side to ensure I do not encroach onto their property.

The HA employee phoned again this evening and was trying his best to intimidate me, threatening again the injunction and legal action.

 

[motorbiking]

did he say what he wanted.