Party Wall Agreement

[Bazile]

The next door  semi (one not joined to mine ) has an  extension across the rear already

Do I need a party wall agreement with them for an extension which I'm going to build across the rear of my house ?

[jackthehat]

PARTY WALL ACT
Should they need to do so under the requirements of the Party Wall Act 1996,  the owner has a duty to serve a Party Structure Notice on any adjoining owner if the building work involves any of the following to a Party Wall:
- Support of beam
- Insertion of DPC through wall
- Raising a wall or cutting off projections
- Demolition and rebuilding
- Underpinning
- Insertion of lead flashings

A Party Wall Notice is also required for:
- Any excavtions within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations; or
- Any excavations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations, see diagram 7 in the following Government guidance, https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation
-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet#para_28
A Party Wall Agreement is to be in place prior to start of works on site.

[Bazile]

All very complicated 

Can you just get a agreement from your neighbour in writing that they don't object to your extension ?

[jackthehat]

Yes.

[Bazile]

Thanks JTH

Just to clarify.            What  i mean is can i just  draw up a letter for the neighbour to sign to say that they don't object ?

[jackthehat]

I, the undersigned, have seen* the plans for the extension at (your address) and confirm that I have no concerns with the project. 

This is to certify that (your name) has discharged his obligations to me under the Party Wall Act.

Yours, etc. etc.

*It is always a good idea to show your neighbour the drawings you will be relying on during the build and allowing them the opportunity to ask you questions.

 

 

[Bazile]

Great - thank you for that

If you don't mind answering a few more questions please . 

1. Is the letter binding or can the neighbours change their minds after signing letter 

2. Is there a time limit from signing the letter to have the extension works commence .

3. Do i need to do anything else after getting the agreement letter - like informing anyone  

4. What if i want to  sell the house in the future - could  there be any issues with a prospective purchaser 

[jackthehat]

If you are on good terms with your neighbour and have explained what you are going to have done to your house a simple letter from them confirming they have no concerns will suffice.

The niggly part happens when there is a bit of history with the neighbours and they won't sign a letter as described above, or if they have valid concerns - that's when things start to get costly for you.

Make sure you keep the letter safe, put it with your household papers. If something unfortunate happens you have the evidence to show that your neighbour had no concerns at the time and freely and willingly consented to sign a letter to say so.

I always tell my clients that such a letter is good for as long as the Planning Consent lasts (3 years) without the works commencing. After that, new Planning Consent should be accompanied by new PWA consent.

Any house sale should consist of a package containing all relevant paperwork - your Party Wall Letter together with the Building Regulations Approval and Completion certificates.

 

[Bazile]

Thank you again 

Does the letter need to be addressed to me ( my name and address)

Mr xxxx

39 xxxxx etc

[jackthehat]

Yes.

Your name and address and your neighbours name, address and signature.

[Bazile]

Like this JTH ?

To: ( my name and address )

Dear Mr .......

I, the undersigned, have seen* the plans for the extension at (your address) and confirm that I have no concerns with the project. 

This is to certify that (your name) has discharged his obligations to me under the Party Wall Act.

Yours faithfully 

Mr ( neighbours name and address )

Signature.........

Date ..............

 

 

[jackthehat]

I think that will suffice perfectly. 😊

 

[Bazile]

Much appreciated - Thanks 🙂

 

[Bazile]

JTH

The owners of the properties  on either side of me ,  live elsewhere.

In the letter ,do I put the address where they live or the address next door, for them ?

If you see what I mean ?

[jackthehat]

You'll need to put the next door address into the body of the letter, so it is obvious that they own the property and have no concerns.

It doesn't matter where they actually live, you need to establish that they are happy for works to be carried out on the property next door to the one they own. 

[Bazile]

 

 

 

 

 

Like this ?

To( my name and address )

Dear Mr .......

I, the undersigned, owner of ( 36 Robert Rd xxxxxx etc ) have seen the plans for the extension at (my address) and confirm that I have no concerns with the project. 

This is to certify that (your name) has discharged his obligations to me under the Party Wall Act.

Yours faithfully 

Mr ...........

Signature.........

Date ..............