Hi,
We've been granted planning approval for a loft conversion and side extension on our semi bungalow. I'm a building contractor, registered electrician, Gas safe registered, G3, MCS, CHAS etc etc but to be honest I have never been too involved with planning permission and Party Wall matters, only with building control, architects, surveyors etc (I just build things!
)
It's been much more stressful than I thought despite being in the trade, as one of my neighbors was not happy with the height of the wall on single storey side extension. The neighbor is always polite but meanwhile her son who does not live there has been writing letters in an attempt to scupper our plans. He also has tried to get me to do their driveway for free if I kept the boundary wall 2.0m high which is ridiculous. Anyway the planning dept granted us permission and I've given building notice etc, I use a private BC inspector.
Now I was thinking the neighbor wouldn't be too happy and would want to be difficult, so I thought I'd better do things 'by the book' and give party wall notice and hope they ok it. I selected a local firm, who's prices seemed cheap. I signed the letter below to authorize proceedings:
"*I/We hereby appoint you as Building Owner’s Surveyor, should a dispute arise, in accordance with the Party Wall etc. Act 1996 in relation to the works proposed at 4 Roseleigh Close, Maidenhead, SL6 5AJ.
*I/We authorise you to sign, issue, serve, receive and respond to all notices under the Party Wall Etc Act 1996 (“the Act”) relating to the works proposed, although the initial notice has been served on our behalf prior to this appointment. *I/We further authorise you to make all requests and appointments under the Act on our behalf, which may be necessary to expedite the progress of the matter.
*I/We further appoint you to undertake a Schedule of Condition of the neighbouring property regardless of their consent or dissent to the notice served."
The quotation given by the PWS is:
"Thank you for asking me to provide a fee quotation for party wall services.
Our aim is to make the party wall process as seamless and traightforward as possible. If you have any queries about what is involved, please do not hesitate to contact me at any
time. I confirm that our current hourly rate is £120 plus disbursements and VAT. However, since the scope of your project is very clear, we would be happy to work on the basis of a fixed price fee structure, as follows. It appears that 2 adjoining properties fall within the scope of the Act. We will need to establish the owner/occupiers of these properties and serve the appropriate notices. It is
noted that a tenant resides at Nr x and as such we will need to contact the freeholder. Our fee for reviewing the drawings, establishing owner details and serving the applicable notices is £55 plus VAT.
If an adjoining owner dissents from a notice, then under the Act, surveyors will need to be appointed and a party wall award will need to be drawn up. The award will include details of the proposals that are likely to affect the neighbouring owners and clauses such as those relating to insurance, hours of work and access. Our fee for acting as the Building Owner’s or Agreed surveyor in drawing up an award is £350 plus VAT.
Our fee for preparing a schedule of the condition of the adjoining properties prior to your
building works is £350 plus VAT per adjoining property, this will be reduced to £300 per adjoining property if we are able to undertake both surveys on the same day. Under the Act, if the adjoining owner dissents to a notice, a schedule of condition must be undertaken (subject to access being granted). If the adjoining owner consents to the notice, then the schedule of condition is optional, although we recommend that you opt to have one prepared - as this will help to safeguard you in case the adjoining owner claims that your building works have caused damage to their property.
For budgeting purposes, please note that Section 10(13) of the Act states that, in normal circumstances, the fees incurred in making or obtaining an award shall be paid by you as the building owner. This will include paying the fees and costs of the adjoining owners, if they choose to appoint their own surveyor. We will help to vet the adjoining owner’s fees to ensure they are reasonable.
I confirm that our fixed price quotation is inclusive of all work that I envisage being necessary, including all items listed in the enclosed scope of services document. I look forward to hearing from you soon and I hope to have the opportunity to assist you
with your project.
Yours sincerely,"
So, the first notice has been served, no response by either neighbour. The 10 day letter has been given and we are waiting for an answer. meanwhile I ran into the neighbor today and I asked them about the PWA etc. The owner said that they do not read English, despite living here for 50 years, and that the son deals with such matters. Coincidentally the son has gone on vacation yesterday for 30 days.
I have a few concerns. Am I being unnecessarily delayed, and am I leaving the door open to lots of expenses? It feels that way.
I feel like calling the whole Party Wall 'thing' off and starting work. To hell with them all and their injunctions! Key question, can I stop proceedings with my appointed surveyor? How would I do this and what costs am I legally responsible to pay. I don't mind paying for services to date etc. The reason I'm asking is that I mentioned that I would like to stop proceedings to the PWS and they said " Unfortunately you cannot withdraw notices unless you are not intending to carry out works and as such both sides must be legally notified and must then respond or enter into awards."
Has anyone got any input on my predicament, as I'm about ready to bring in the digger and make some holes.
We've been granted planning approval for a loft conversion and side extension on our semi bungalow. I'm a building contractor, registered electrician, Gas safe registered, G3, MCS, CHAS etc etc but to be honest I have never been too involved with planning permission and Party Wall matters, only with building control, architects, surveyors etc (I just build things!
)It's been much more stressful than I thought despite being in the trade, as one of my neighbors was not happy with the height of the wall on single storey side extension. The neighbor is always polite but meanwhile her son who does not live there has been writing letters in an attempt to scupper our plans. He also has tried to get me to do their driveway for free if I kept the boundary wall 2.0m high which is ridiculous. Anyway the planning dept granted us permission and I've given building notice etc, I use a private BC inspector.
Now I was thinking the neighbor wouldn't be too happy and would want to be difficult, so I thought I'd better do things 'by the book' and give party wall notice and hope they ok it. I selected a local firm, who's prices seemed cheap. I signed the letter below to authorize proceedings:
"*I/We hereby appoint you as Building Owner’s Surveyor, should a dispute arise, in accordance with the Party Wall etc. Act 1996 in relation to the works proposed at 4 Roseleigh Close, Maidenhead, SL6 5AJ.
*I/We authorise you to sign, issue, serve, receive and respond to all notices under the Party Wall Etc Act 1996 (“the Act”) relating to the works proposed, although the initial notice has been served on our behalf prior to this appointment. *I/We further authorise you to make all requests and appointments under the Act on our behalf, which may be necessary to expedite the progress of the matter.
*I/We further appoint you to undertake a Schedule of Condition of the neighbouring property regardless of their consent or dissent to the notice served."
The quotation given by the PWS is:
"Thank you for asking me to provide a fee quotation for party wall services.
Our aim is to make the party wall process as seamless and traightforward as possible. If you have any queries about what is involved, please do not hesitate to contact me at any
time. I confirm that our current hourly rate is £120 plus disbursements and VAT. However, since the scope of your project is very clear, we would be happy to work on the basis of a fixed price fee structure, as follows. It appears that 2 adjoining properties fall within the scope of the Act. We will need to establish the owner/occupiers of these properties and serve the appropriate notices. It is
noted that a tenant resides at Nr x and as such we will need to contact the freeholder. Our fee for reviewing the drawings, establishing owner details and serving the applicable notices is £55 plus VAT.
If an adjoining owner dissents from a notice, then under the Act, surveyors will need to be appointed and a party wall award will need to be drawn up. The award will include details of the proposals that are likely to affect the neighbouring owners and clauses such as those relating to insurance, hours of work and access. Our fee for acting as the Building Owner’s or Agreed surveyor in drawing up an award is £350 plus VAT.
Our fee for preparing a schedule of the condition of the adjoining properties prior to your
building works is £350 plus VAT per adjoining property, this will be reduced to £300 per adjoining property if we are able to undertake both surveys on the same day. Under the Act, if the adjoining owner dissents to a notice, a schedule of condition must be undertaken (subject to access being granted). If the adjoining owner consents to the notice, then the schedule of condition is optional, although we recommend that you opt to have one prepared - as this will help to safeguard you in case the adjoining owner claims that your building works have caused damage to their property.
For budgeting purposes, please note that Section 10(13) of the Act states that, in normal circumstances, the fees incurred in making or obtaining an award shall be paid by you as the building owner. This will include paying the fees and costs of the adjoining owners, if they choose to appoint their own surveyor. We will help to vet the adjoining owner’s fees to ensure they are reasonable.
I confirm that our fixed price quotation is inclusive of all work that I envisage being necessary, including all items listed in the enclosed scope of services document. I look forward to hearing from you soon and I hope to have the opportunity to assist you
with your project.
Yours sincerely,"
So, the first notice has been served, no response by either neighbour. The 10 day letter has been given and we are waiting for an answer. meanwhile I ran into the neighbor today and I asked them about the PWA etc. The owner said that they do not read English, despite living here for 50 years, and that the son deals with such matters. Coincidentally the son has gone on vacation yesterday for 30 days.
I have a few concerns. Am I being unnecessarily delayed, and am I leaving the door open to lots of expenses? It feels that way.
I feel like calling the whole Party Wall 'thing' off and starting work. To hell with them all and their injunctions!
Key question, can I stop proceedings with my appointed surveyor? How would I do this and what costs am I legally responsible to pay. I don't mind paying for services to date etc. The reason I'm asking is that I mentioned that I would like to stop proceedings to the PWS and they said " Unfortunately you cannot withdraw notices unless you are not intending to carry out works and as such both sides must be legally notified and must then respond or enter into awards."Has anyone got any input on my predicament, as I'm about ready to bring in the digger and make some holes.
