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Difference between party wall / party fence wall PWA1996

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Re: Difference between party wall / party fence wall PWA1996

Postby formerly_IKB » Mon Feb 05, 2018 10:22 pm

dls wrote:Do not forget the overriding principle that falling out with a neighbour is very close to being the last thing anyone should do.
If you have a disagreeent with the neighbour, however disagreeable they have been, far far better to spend a tenner on a nice bottle of wine for them, than 10k (and often very much more) in a dispute which leaves each of you even further apart.

Yes yes I do know. But there isn't the choice here. The neighbour is - so far - uninterested in reasonable negotiation, and unfortunately lacks social skills. Hence trying to find an angle which might encourage negotiation.
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Re: Difference between party wall / party fence wall PWA1996

Postby formerly_IKB » Mon Feb 05, 2018 10:42 pm

theycantdothat wrote:If planning permission is obtained for the extension I think IKB needs to consult a party wall surveyor or find a forum frequented by surveyors. Rights of light may be another string to IKB's bow. That is another area where the first professional to consult is a surveyor.

Thank you TCDT.

I today contacted a local surveyor I'd used before and liked, and asked them to act for me in advance (so as to bags them before the other party). I've also looked at rights to light, which I'm fairly sure apply - but will wait till other avenues exhausted. And there will be avenues of contention, guaranteed. Was cheered to discover the provisions of section 7 PWA.
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Re: Difference between party wall / party fence wall PWA1996

Postby Michael » Tue Feb 06, 2018 1:30 am

formerly_IKB wrote:
Michael wrote:Why is your friend hoping section 1 doesn't apply because section 2 is the important section here and that allows him to do everything he wants to do if need be.

My friend doesn't want to do anything, he wants to stop anything happening.






Taking into account I haven't seen this wall so cant comment on whether its a fence rather than something that would be classed as a party fence wall ,I have to assume it is a party fence wall because you are calling it a wall and say its astride the boundary .

As a party fence wall your friends surveyor will inform your friend that he cant stop his neighbour using it as part of his development and will produce a party wall award together with his neighbours surveyor that will allow it. Which could mean the neighbour will be able to raise the height of the wall and if need be improve it or rebuild it to a standard that is required for it to be used as a part of a building ,which includes laying new footings under your friends land without your friends permission.

What you should do is get your friend to ask the neighbour to send a party wall notice and when he does get him tell the neighbour that he dissents to the works and will be hiring a party wall surveyor to look after his interests . The cost of that surveyor will be borne by the neighbour under the act. Remember however party wall surveyors are meant to act impartially so they will allow the neighbour to do everything the party wall act allows him to do. If the two surveyors cant however agree on things a third independent surveyor will be brought in .

Prior to the works commencing the surveyors will survey your friends property in case any damage occurs during the works and will agree on and set conditions that must be followed. Also be prepared because the surveyors can grant the neighbour a right of access to your friends land during the works if its deemed necessary .

Planning permission may not be required to build this extension and the chances of a single story kitchen extension blocking enough light for your friend to argue a right to light is possible but very slim.
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Re: Difference between party wall / party fence wall PWA1996

Postby diy » Tue Feb 06, 2018 7:17 am

One option that might work for both, is to consider matching the proposed development. A chance to enhance both properties and reduce the overall cost. Better than the first to build wins approach which seems to prevail.
My suggestions are not legal advice
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