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how intrusive are the works for the party wall?
did you discuss your plans informally beforehand and if so what indication did your neighbour give you as to whether he would be ok with it etc? to decline it straight up is a real pain, but essentially if you can't resolve it amicably and informally then you will have no option to go down the surveyor route and get an award drawn up which will cost you quite a bit of money all accounts. you'll have to use the surveyor they choose as well to avoid paying for multiple surveyors. luckily for me both sides agreed informally.
think yourself lucky though...the guy next to me at work needs 7 party wall agreements for a side return extension on a ground floor flat! what a headache.
i have never heard that you have to declare a dispute if you come to sell it, that doesn't sound right at all and sounds absolute rubbish.
out of interest did you submit planning application plans to your local council before speaking with your neighbour about your works?
AirTime-
Not that intrusive to the wall itself, although there is also underpinning involved which is more intrusive.
We did discuss the plans informally beforehand, sent them architects drawings etc. Also mentioned way back that we'd probably need to get their OK on Party Wall stuff.
They have told us that they really have no concerns, issues or even questions about the building work, they just want to dissent so that a surveyor is involved. They have agreed to our choice of surveyor and one surveyor acting on behalf of both parties, which is good news and should hopefully make this less painful.
It seems nuts to dissent when you have no real objections but based on a lot of research last night they seem to be doing the right thing. A 'Party Wall Agreement' (which is what happens if they consent) is effectively an informal agreement and has no legal status under the Party Wall Act. A 'Party Wall Award' (produced by a surveyor) does. It is a legally binding document. Given the fact that houses on our road are worth a cool million now, and they own the whole place, our neighbour would be nuts to rely on an informal agreement.
Basically the law is an ass, not our neighbour. I suspect the Party Wall Surveyors Association or similar was very busy lobbying the Government in the mid 90's. I've seen the Party Wall Act described as being "designed by party wall surveyors for party wall surveyors". And for some reason Party Wall Surveyors can easily charge £150+ an hour, way more than we are paying our architect, structural engineer or contractors...
But as @Prole. says dissenting is an eminently sensible thing to do if your neighbour is ever proposing works to your party wall because they will have to pick up the entire bill and a surveyor being involved will only benefit you :/
(The bit about declaring a Party Wall dispute at sale was more me thinking out loud. As @Prole. also said it's just the terminology involved in the Act and as I said in reality there isn't a dispute, just a neighbour who wants things done by the book).
Fox
Right. Anyone know anything about party wall agreements?
We have given our neighbour the details of what we want to do and he asked to do it formally, so we sent him a 'Party Structure Notice' and now he wants to decline consent. This is because "This will mean we have to have a Party Wall agreement. This should make both of us feel comfortable, should any problems arise in the future."
He doesn't seem to actually be against us doing the work, he seems to be declining because he wants a surveyor involved. This all seems a bit nuts to me. Actually declining means we will need to have a Party Wall Award (an agreement seems to be for when you agree, funnily enough). I'm not averse to getting a surveyor involved if it's actually needed, but jumping straight to a dispute rather than talking about it and sorting it out like grown ups seems very odd.
I'm also worried that if we go with his plan we will officially have had a dispute and have to declare it if we ever came to sell, thereby potentially wiping thousands of pounds off the value of both of our properties.
I've done quite a lot of internet searching and can't find anything that helpful. Halp?