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Building Regulations and Standards: Party Wall

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  1.  
    • CommentAuthorbmcannings
    • CommentTimeOct 20th 2010
     
    Hi There,

    I'm new to this site so apologies if I'm in the wrong area.

    We are about to go ahead with some building work to our house which involves a RSJ going to our neighbours party wall. We have talked to him and shown him the plans, he is happy for the work to go ahead. But, we tried to get him to sign the party wall act, but he has said quote ' I have never signed a form in my life I don't want to start now'. We are obviously worried about this, where do we stand on this legally? If he is happy to go ahead can we take his word on this? we are keeping him well informed and letting our builder talk to him regards to any concerns.

    Thanks for your help.
    • CommentAuthordelboy
    • CommentTimeOct 20th 2010 edited
     
    Hi Mike

    We have just done exactly this.

    If you have shown your neighbour an engineer's drawings & calcs and they still refuse to accept these as kosher, and therefore refuse to sign, then that's pretty out of line.
    If you haven't got engineer's calcs, then I don't blame the neighbour for being reluctant - I'd do the same.

    Either way, you're within your rights to go ahead with the plans, whether or not the neighbour wants you to. But you have to do it properly.

    You should write him a letter asking him to write back stating he is happy with your proposal. If you have suitable engineer's calcs, he would be unreasonable to refuse this.

    Ultimately, I suspect that if you have calcs and he refuses to agree to the work, you will win a Party Wall dispute, adjudicated by a couple of surveyors. If you haven't got bona fide calcs, you will probably not win.

    But you don't want to get to that stage as it will cost you for the surveyors.

    See this thread, which is where I got my info: http://www.greenbuildingforum.co.uk/forum114/comments.php?DiscussionID=5703&page=1#Item_10
    I can't recommend this document highly enough: http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf
    It contains various template letters which you might consider.

    Suggest you show your neighbour paragraphs 4, 5 & 11.

    Let us know how it goes.
  3.  
    Can you not have his verbal agreement witnessed by someone?
    • CommentAuthorevan
    • CommentTimeOct 20th 2010
     
    Ask if he'd mind initialing it then, if signing is a problem. Or for you to initial it on his behalf.
    • CommentAuthorbmcannings
    • CommentTimeOct 20th 2010
     
    Thanks for your help.

    We had an engineer do the drawings and the calculations, the neighbour was fine with them, a few concerns, but we have told our builder to talk him through what he will do, and we are keeping communication open. I don't know why he has a problem signing the act.

    Thanks again.
    • CommentAuthordelboy
    • CommentTimeOct 20th 2010
     
    Perhaps make it a very informal letter for him to sign - is he being intimidated by a serious looking form?
    • CommentAuthorbmcannings
    • CommentTimeOct 20th 2010
     
    Good idea on the informal letter. I will see if that will work. Also I will see if someone can witness him saying he is ok with the work to be done.

    Thanks.
  8.  
    Posted By: bmcannings' I have never signed a form in my life I don't want to start now'.
    He obviosuly doesn't get out much or have much contact with the government or companies.

    Could you issue him with a formal letter summarising your proposal and the discussions, giving him 14 days to raise any problems?

    David
    • CommentAuthordelboy
    • CommentTimeOct 20th 2010
     
    Posted By: davidfreeboroughCould you issue him with a formal letter summarising your proposal and the discussions, giving him 14 days to raise any problems?


    Problem with this is that if he doesn't raise any issues after 14 days you are in to party wall surveyor territory as it has formally become a "dispute". Mike will probably have to pay for both surveyors and it all becomes a bit of a pain in the arse.

    Agreed that he is full of crap if he's saying he's never signed a form.
    •  
      CommentAuthordjh
    • CommentTimeOct 21st 2010
     
    I don't know about *never* signing a form but I can well understand somebody being reluctant to sign a form that appears to offer them nothing except the possibility of their building falling down and them somehow being made complicit in it.

    Does he drink beer? Or ask the vicar to explain it to him over a sherry :)

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