party wall act
 

I've already started work on the cellar (on 04/11), when the BCO came
one of the things he said was that I should have gained party wall
consent at least 14 days before commencing. I've just got one neighbour
to complete a consent letter (I downloaded them from the net), which I
got them to back date to 04/11, and will see the other neighbour
tomorrow.
Do you think the BCO will be happy with that ?

LJ

"in2minds" wrote in message
...
I've already started work on the cellar (on 04/11), when the BCO came one
of the things he said was that I should have gained party wall consent at
least 14 days before commencing. I've just got one neighbour to complete a
consent letter (I downloaded them from the net), which I got them to back
date to 04/11, and will see the other neighbour tomorrow.
Do you think the BCO will be happy with that ?

AIUI the BCO's advice was just that. He does not enforce the
Party Walls act, nobody does. It's a damp squib that you are
supposed to comply with but which doesn't have any sanctions
for non-compliance.

But I suppose that there must just be some significance for
basements that is different to other walls.

tim

I've already started work on the cellar (on 04/11), when the BCO came one
of the things he said was that I should have gained party wall consent at
least 14 days before commencing.

Actually it is two months not weeks. A full explanation is here

http://www.partywallact.info/


If you don't follow the rules then when you come to sell the property you
could have a problem. The current form you will be asked to sign will
certify that all work has been done according to the rules as far as
building control planning etc.

"in2minds" wrote in message
...
I've already started work on the cellar (on 04/11), when the BCO came one
of the things he said was that I should have gained party wall consent at
least 14 days before commencing. I've just got one neighbour to complete a
consent letter (I downloaded them from the net), which I got them to back
date to 04/11, and will see the other neighbour tomorrow.
Do you think the BCO will be happy with that ?

LJ


The BCO has no authority in PW matters.

And the PWA is not legally enforceable, with no penalties if you choose not
to follow it.

If you have already started then you may as well carry on without it. If you
send out the notices, then you will have to stop work and wait for the
replies, and if a dispute arises then you will be paying all the surveyors
fees.

dg

In article , Dg
wrote:
And the PWA is not legally enforceable, with no penalties if
you choose not to follow it.

If you have already started then you may as well carry on
without it. If you send out the notices, then you will have to
stop work and wait for the replies, and if a dispute arises
then you will be paying all the surveyors fees.

But AIUI if you are start work without the requisite notice the
adjoining owner can apply for an injunction and costs will be
awarded against you. IANAL

--
Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk
Free SEDBUK boiler database browser
http://www.sda.co.uk/qsedbuk.htm

"Tony Bryer" wrote in message
...
In article , Dg
wrote:
And the PWA is not legally enforceable, with no penalties if
you choose not to follow it.

If you have already started then you may as well carry on
without it. If you send out the notices, then you will have to
stop work and wait for the replies, and if a dispute arises
then you will be paying all the surveyors fees.

But AIUI if you are start work without the requisite notice the
adjoining owner can apply for an injunction and costs will be
awarded against you. IANAL

--
Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk
Free SEDBUK boiler database browser
http://www.sda.co.uk/qsedbuk.htm



I was not aware that costs will be automatically awarded against the
building owner.
The neighbour could apply for an injunction, but there is no guarantee that
it will be granted or costs awarded.

The injunction route is rarely used by domestic owners, cost and ignorance
of this option is the main reason.

dg

In article , Dg wrote:
I was not aware that costs will be automatically awarded
against the building owner.
The neighbour could apply for an injunction, but there is no
guarantee that it will be granted or costs awarded.

IANAL but I would have thought that if an act says that before
doing some work you have to serve a notice ... then an affected
adjoining owner would be bound to get said injunction or so ISTM.
Mr Prescott agrees g:

"What do I do if my neighbour starts work and I have not received
a Party Wall Act notice?

The Act contains no enforcement procedures for failure to serve a
notice. However, if your neighbour starts work without having first
given notice in the proper way, you may seek to stop the work
through a court injunction or seek other legal redress. You may
wish to take professional legal advice before commencing such action."

http://www.odpm.gov.uk/stellent/grou...600574-04.hcsp

And unless you could show that their action was frivolous - which
would be pretty unlikely in a case like this - then I cannot see
that the costs would not fall on the responsible party.

The injunction route is rarely used by domestic owners, cost
and ignorance of this option is the main reason.

Years ago, when the party wall provisions we all now have only
applied in inner London I did the plans for works to a mews house
in Notting Hill and of course told my client about the necessity
of serving a party wall notice. He decided to risk it. 7.00p.m.
one evening a courier turned up with a letter being sent to him,
me, the builder etc saying that if work did not stop forthwith he
would seek an injunction. IIRC the adjoining owner was a golfing
pal of a senior partner in Jones Lang, so you can guess who he
appointed as his surveyor ... ££££

--
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Free SEDBUK boiler database browser http://www.sda.co.uk/qsedbuk.htm