Party Wall

[petya13]

We started loft conversion about a week ago.
Prior to the work commencement we contacted the neightbours and informed them about the planned work. They have no objection whatsoever. I have emailed and informed them when do we plan to start the work and they emailed back only to ask when the scaffolding is going up and whether we will cover they skylight window. They have never objected the work neither in writing, neither verbal.
We served Building Notice and started the work 5 days ago as discussed with them.
Today they contacted us to say that now they decided that they want to have a Party Wall surveyor (the work in already in progress and we even finished the Party wall work).
Am I correct in thinking that they have already given us a concent and they are no longer in a position to request a surveyor?
Thank you.

 

[^woody^]

They have not given consent by their previous agreement.

For consent under the PWA, you must serve a proper notice, with the required basic details as stipulated by the PWA. The format of the notice does not matter but the contents does. If the required details are not withn the notice, then its not a notice under the PWA.

If you did give the details, then you may have an agreement if you had a signed written reply. If you gave the required details and got no reply, then you have an automatic dispute

If as you say, the party wall work is complete then the PWA no longer applies.

Notify your neighbours that work progressed in good faith on the basis of their previous agreement, and unfortunately the PW work is now complete so the PWA no longer applies, and a PW surveyor can not be appointed.

Just make sure that all the PW is complete - or finish it quickly

 

[petya13]

Thanks.

The work has been finished last Saturday and inspected and approved by the council on Tuesday.

They spoken to us on Sunday after the work was completed and we explained that it is all done. Then they requested a letter from our solicitor confirming that we done all work in compliance with the Building Regulations. I instructed the solicitor and he prepared the letter as requested. Then they said that the letter does not mention about the chimney breast. I explained that we are not allowed to use the chimney for the beams and this is building regulation (e.g covered by the solicitors letter) but they do not understand anything and now asked for Award. My understanding is that this is something done prior to the work not after but they don't get it.

What I am trying to establish is what are their are options now and how far they could take this e.g could we end up in the court?

Many thanks.

 

[Shytalkz]

There's nothing that they can do.

The sooner this drivel gets binned, the better.

 

[petya13]

Thanks

Now they appointed solicitor who send me a letter stating that they are planning to apply for injunction.

How does the court decide on granting one?

The work on the Party wall is done and approved.

Many thanks.

 

[Shytalkz]

You've answered your own question. (If) they get an injuction, so what? They won't actually be stopping you from doing anything: you've already done it. Welcome to the toothless world of the (largely) pointless Party Wall etc Act.

The solicitor is clearly an idiot - not that that should come as any surprise, really. Write back and tell it that the work is already done. That should put the matter to bed.

 

[petya13]

That is what confuses me! They know that the work is finished now and according to the solicitor he has all email correspondence between us!

How easy is to get an injunction?

 

[Shytalkz]

Why would a court invoke one, when the work is already done?

Just write back to it and reiterate the work has been completed, without any damage to their clients' property - if they want to waste their money and have found a solicitor willing to relieve them of it, more fool them.

I will reiterate: it's a toothless Act, there's no redress - save for the option of getting an injunction whilst works are ongoing - against anyone who doesn't comply with its requirements and there is no financial liability on you for their legal fees. Your neighbours and solicitor appear well-suited to one another.