Party Wall Agreement legal after plans have changed

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clarry69
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Party Wall Agreement legal after plans have changed

Post by clarry69 » Sun Apr 29, 2018 2:24 pm

Hi
When my neighbours submitted plans for a wrap around extension they stated that the build would be on a raft.
We signed the non descript Party Wall Agreement that included the plans of the finished build only. No Party Wall Solicitors or Surveyors were used as we didn’t feel it would impact on our property.
They have now been in touch and told us the area needs piling. Their builder has asked us for access to our house to take photographs to cover them for any damage caused by this work.
My question is, should a new Party Wall Agreement be put in place and should a survey of our property be undertaken at their expense before the work commences?
They are due to start next week and are not answering my emails, they do not live at the property in question.
Also, am I legally bound to allow them access to my land for scaffolding etc for an extension/ new works?
Many thanks
John

Collaborate
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Re: Party Wall Agreement legal after plans have changed

Post by Collaborate » Sun Apr 29, 2018 3:20 pm

If the PWA did not involve the works they now propose then they cannot insist on access under the PWA you've signed.

Is there going to be any overhang? You can flat out refuse to agree to that.

despair
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Re: Party Wall Agreement legal after plans have changed

Post by despair » Sun Apr 29, 2018 6:29 pm

Ditto

clarry69
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Re: Party Wall Agreement legal after plans have changed

Post by clarry69 » Sun Apr 29, 2018 8:14 pm

Hi again

They did ask about an overhang which we flatly refused.

We are more worried about potential damage to our house due to the piling, also my Koi carp may be affected by this as well.

Its all a load of extra stress we do not want tbh.

John

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Re: Party Wall Agreement legal after plans have changed

Post by Collaborate » Mon Apr 30, 2018 9:59 am

Write to them and tell them the works they now propose are not in accordance with the PWA. Tell them you want them to confirm to you in writing that should they now propose these new works, they must comply with the terms of the PWA by serving an appropriate notice, and that you want their confirmation in writing in 48 hours that either their works do not include x, y and z, or that they will serve another PWA notice and not carry out any additional works without a PWA being put in place.

You should insist upon them paying for your own PWA surveyor.

despair
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Re: Party Wall Agreement legal after plans have changed

Post by despair » Mon Apr 30, 2018 1:41 pm

Ditto Ditto Ditto

ukmicky
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Re: Party Wall Agreement legal after plans have changed

Post by ukmicky » Tue May 01, 2018 1:05 am

You do not need to allow them access to do anything if they haven't used the party wall act .

It also sounds like you need to stop them doing any work and insist on them sending you without a party wall notice if they are using pile foundations .
Any information provided is not legal advice and you are advised to gain a professional opinion

clarry69
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Re: Party Wall Agreement legal after plans have changed

Post by clarry69 » Wed May 23, 2018 4:47 pm

Hi again
We signed a Party Wall Afpgfeement which started no more than ‘we will build an extension next year’ in November.
The plans have enlarged and elaborated and the impact on us is incredible.
We have noise, dust, vibration and fire (they are burning any thing removed from the house whilst extension is going on) constantly going on and it’s got to breaking point for us.
The last straw today was when they removed the dviding fence and our side gate and promised to replace it with Herris fencing with netting and kickboards, this was on our request as we have a small dog.
They left with cable tied herris open fencing on our side as theirs is dug for foundations, if our dog got out it would be the end as we live on a busy road.
I today emailed this letter to them, am I ok to stop access to my property for them to build a full size extension, 6m deep and 3m wide..

I write to tell you we feel the level of intrusion and disruption to our lives by your build is not acceptable.

We have been polluted by noise, vibration, dust and fire ashes/smells (another fire was started today whilst we had laundry on our line) This has caused us to have to increase and disrupt our washing, change my sleep pattern and stopped us from enjoying our garden. Our house continually needs cleaning.

After removal of our side gate we feel that our security has also been reduced beyond what we find acceptable, a Harris fence held by cable ties to our downpipe is just not good enough.

We feel that this has gone on for too long having started in January. On talking to the builders they say the work could continue for another 30 weeks!
We are not prepared to have our whole summer wiped out, we own our house and are entitled to enjoy our lives.

We would like you to visit so we can ensure our boundaries are correct and I will be fixing a side gate and fence at my expense, the supporting post will be on our boundary line. I will also be putting in a temporary fence along our boundary and unfortunately withdraw our allowance for your builders To have access to our side for the remainder of the build.

Any comments and can I just tell them to ‘get off my land’

Aargh!
Thanks

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Re: Party Wall Agreement legal after plans have changed

Post by Collaborate » Thu May 24, 2018 7:21 am

Doesn't sound like a sufficiently detailed PWA. Can you post the precise wording here? Check the Party Wall Act and the procedure set out in that. Did they follow that? Was a surveyor appointed at all?

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