Party Wall Problems

I had never heard of a Party Wall Surveyor. It is actually a fluke that I appointed one. I assumed that providing I had proper plans drawn up by my architect & had a competent & experienced builder things would go reasonably smoothly. After all, the plans for my Permitted Development would be submitted to the City Council & we obviously have to comply with Building Regulations. The work would be independently inspected.

I thought it was important to inform my neighbour what I was going to do early on, before work started. I realised that this amount of work would be disruptive. Not least because of the noise. But in the end, having a renovated, well maintained house next door is surely preferable to one that has had little or no maintenance for years. No one wants to live next to an overgrown garden & scruffy house.

Now I know more than I want to about Party Walls & the process involved. 

https://www.fmb.org.uk/find-a-builder/ultimate-guides-to-home-renovation/party-wall-agreements-what-you-need-to-know.html

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

 

A Party Wall Surveyor (PWS) has to "serve" the neighbour with papers & plans outlining what is proposed. The neighbour can then do two things, accept or "dissent" the proposal. If the neighbour dissents they can then choose to have the original PWS represent the interests of both houses. Not both owners. The PWS should act in the best interests of the entire property not the people involved. Or the neighbour can appoint their own PWS. Many do, because they don''t understand the impartiality of the original PWS, or that they are then inflicting a substantial cost on the owner who is doing the work. In law, for whatever reason, the developing owner should pay the neighbours PWS costs.

This then moves the whole situation into an adversarial position & makes normal good neighbourliness difficult. 

Sometimes this happens because the neighbour is understandably anxious about what may happen to their house. However their rights are protected in law. A PWS acting for the owner will inspect & record the state of the neighbour's house before work begins. Then if there is any damage caused by the building work the owner will obviously have to pay.

Some neighbours see this as an opportunity to exploit the fact that the work is being done to put conditions on their acceptance of the work. Some of these are reasonable, some are not. Neighbours can be unreasonably pedantic. All the while the work is being delayed, plans have to be amended & costs to the owner increase.

The whole Party Wall situation is a minefield. Even PWS's think the legislation is poor. People don't like change & upheval, both can feel threatening. People nowadays are focussed on their rights. The days of accepting someones word, being generous & helpful, can seem very distant. Sadly, what might have been really friendly, neighbourly relations can become very strained. 

On the other hand Covid has shown just how neighbours co-operate, share, keep an eye on the vulnerable. Just simply, are good neighbours.