Party walls although not attached

The party wall act covers different scenarios.

What is it exactly that they want to build?

Don’t sign anything!

Side and rear extensions, he says if i dont sign i won’t be covered if anything goes wrong

Is he intending to build up to the party line? I’m assuming the extension won’t be attached to any part of your property.

He may be trying to get you to sign to agree to building half on his land, half on yours.

I think the document needs very careful reading to see what it is you are actually signing for. I don’t like the fact he is putting you under pressure to sign and I’m pretty sure what he says about not being covered isn’t true.

I have a friend I can ask. Don’t sign anything just because he is pressuring you!

As already said, do not sign, he is talking rubbish. You are insured under your own rights, he is trying to cover his own backside , getting you to agree to something without going through proper channels. I would go to a solicitor, get them to draft a letter stating there is no party-wall agreement between the two properties. Thus letting your neighbour know you are not a pushover. He is cutting corners, don't stand for it.

Ok.

You need to read the

Gov.Uk Party Wall Act Explanatory Booklet. May 2016.

It’s online.

Basically he needs to have given you a document which outlines fully the proposed works, including any impact this may have on your property and any impact the carrying out of the works will have on your day to day living.

He should have given you this at least two months before beginning work and have attempted to discuss this with you verbally too.

He cannot begin work until you have given your consent to what has been proposed.

You have 14 days to respond with yes or no. The Act is very clear that if you give consent this does not cancel any rights you have if he causes damage. At no point is this your responsibility. The responsibility is all his.

The booklet makes this very clear so he is trying to frighten you into agreeing to something that is not right.

The document he has given you really does need to be read by an expert or very, very carefully by yourself or someone you trust.

I am perhaps wrongly concerned that he is trying to get you to sign an agreement that will place joint responsibility on you by agreeing that half the party wall will be built on your land.

This is a provision in the Act we’re neighbours agree to a joint extension and both assume responsibility for the work and the adjoining wall. But I don’t believe this refers to you and that he may be trying to pull a fast one here.

Please consider spending a small amount on the advice of a solicitor.

But absolutely do not sign anything.

Go and see a solicitor. That is the only solution that protects you.

Anything else leaves you up the creek without a paddle if you or your non-solicitor advisor misunderstand the law or the dlcument and you suffer any loss as a result.

Not only does a solicitor who specialises in property law no the law in detail and all the ways people try to get round it, but if they get it wrong you can expect them to compensate you for any financial loss.

If you do not and it goes wrong. You will have only yourself to blame. Next door may be a cheap skate. Do not be one yourself

Go and see a solicitor.

Can you explain what you mean by a party wall but not attached?

If you have some legal cover with your home insurance policy they may be able to advise you. It's likely any legal costs will be born but the other party so check if you can before paying for advice.

I’m with those who say consult a solicitor and bill the neighbour, don’t sign anything or be bullied into anything, make sure by checking with the local council that they have planning permission

You should see from copy of plans he is proposing exactly where any wall may encroach on your property. Woukd he be considering an extension that will extend beyond your house but the wall will be "jointly" on your property. Take the copy plans to a solicitor for clarification. Do not sign until you fully understand the proposal and any responsibilities likely to occur.

Agree completely with advice given to you. Also, if you were to sign this 'blind' it could also create problems if you want to sell at a later date. This is from personal experience of a neighbour pulling a fast one on me when I was young, naive and trusting and which the buyers solicitor was onto like a dog with a bone and caused enormous stress.

Buyers solicitor as in our buyers years later

OK, so we are in this exact same scenario. We have engaged the services of a surveyor, sourced from the RICS web site (RICS is the professional body): www.ricsfirms.com/
Choose Party Wall specialism. 1,376 listed and you can search by postcode. Cheaper than a lawyer and our chap says we can recover our costs from the neighbour serving us with the party wall notice. The name of this is misleading as it does not mean there is an adjoining wall, nor that one will necessarily be built. In our case the neighbour is building within 3 metres of the boundary between our houses and must therefore serve the notice because we already have an extension near the boundary.

SunnySusie is right. We are planning some landscaping work that goes up to the boundary of the paddock adjacent to our garden. We will have to serve a party wall notice to the neighbours although the house is a the other side of the field!

Yes ideally the surveyor just bills the neighbour. As SunnySusie says the person doing the works pays the surveyor bill. The surveyor is neutral and can act for both parties, but mostly people engage their own. They visit both properties and note the state of the house/land before works. If the works damage your property the neighbours have to rectify it.

A party wall agreement will give them the right to come on to your property to maintain theirs. No you do not have to agree.

Now, when people do not need planning consent to extend within limits, they may not have any. I would talk to your local planning department to see if they have the right to build right up to your boundary

Someone whose boundary wall abuts yours has a statutory right to reasonable access to your property to maintain it.

In our last house, and our current house, we had properties centuries old whose walls formed our boundary and we gave/give them reasonable access to maintain their property.

I am not sure what the statutory position is if they do not abut your boundary now but want to build a structure that will.

I’m hoping Allsorts will come back to tell us she is seeing a solicitor.

When I read the Explanatory document (see above) I was quite surprised at the different scenarios that can involve a party wall.
Allsorts needs to know for certain exactly what she is agreeing to.

Both me and ajoining neighbour have signed, after making extensive enquiries, Do hope we are doing the right thing but anything he does that adversely affects my properties he is liable for, however I don't want to live next door to him will leave asap. Everything on the cheap and I don't trust him.

I would not have signed

Allsorts

Both me and ajoining neighbour have signed, after making extensive enquiries, Do hope we are doing the right thing but anything he does that adversely affects my properties he is liable for, however I don't want to live next door to him will leave asap. Everything on the cheap and I don't trust him.

I really hope it works out ok for you but also hope that you sought the advice of a solicitor when making your decision. He sounds a bully and whilst it is easy to say he would be liable should any building work affect your property I am betting you would have to drag him through the courts which could take years to claim any recompense. I was involved in a boundary dispute may years ago and it was the worst time of my life. My neighbour built a wall on my property. She was loud and elderly and bullied me to the edge of a nervous breakdown. I moved from my perfect home to get away from her. Even if you do sell you will have to declare any boundary issues with neighbours and this can be very off putting for potential buyers. Good luck x

Happylady2025

Allsorts

Both me and ajoining neighbour have signed, after making extensive enquiries, Do hope we are doing the right thing but anything he does that adversely affects my properties he is liable for, however I don't want to live next door to him will leave asap. Everything on the cheap and I don't trust him.

I really hope it works out ok for you but also hope that you sought the advice of a solicitor when making your decision. He sounds a bully and whilst it is easy to say he would be liable should any building work affect your property I am betting you would have to drag him through the courts which could take years to claim any recompense. I was involved in a boundary dispute may years ago and it was the worst time of my life. My neighbour built a wall on my property. She was loud and elderly and bullied me to the edge of a nervous breakdown. I moved from my perfect home to get away from her. Even if you do sell you will have to declare any boundary issues with neighbours and this can be very off putting for potential buyers. Good luck x

Happylady - I suspect the type of boundary dispute you were involved in sparked the need for the Party Wall Act and thus the notification of work being carried out. It's a very common notification and there would be far more implications if it had not been issued (in fact it's against the law not to issue it). When selling having such a notification in place will tick the legal boxes and alleviate concern for any potential purchaser.

In case anyone else gets party wall notification. I had one for a wall behind my garage, it was simply to build a soakaway and I was entitled to employ my own surveyor, at no cost to me. I did that and the paperwork was signed off without any stress to me. It is a surveyor`s expertise, that was needed, not mine.

In Allsorts case, I would also have employed a solicitor. When the op sells, the buyers solicitor will want to see all the paperwork and agreements. To sell a property these days, a very complete file is needed. Employing a solicitor would have ensured that all the paperwork is in place

Old Frill is right, it is automatically done now, however upon completion I will sell as don't want to live next door to him.