Hello – I thought I would relive this thread, since we are in a similar position to the operation (just bring things up, PP granted, wait for the construction of Regs, but our NDN already has its panties in a twist, so I know we will have problems with it. Wondering how the operation progressed at the end? And looking for advice by the minute, what if NDN refuses to sign a party wall contract? Since there is a breach of the legal duty, it is likely that the court will “return the burdon of evidence”. In practice, this means that the neighbouring right is considered correct, unless you are able to prove something else. You may therefore be ordered to pay any number of repairs that, in reality, are not your responsibility (plus legal and legal fees). If you are planning to carry out construction work that could affect a party wall, or if you know that your neighbour is planning to do so, it is imperative that you take the following steps:- If the adjacent owners do not consent to the work, each owner will designate a Wall Surveyor party to agree on how the work is being performed and agree on the associated costs. The contractor who performs the work generally pays the fees of the two surveyors and all other costs, including compensation for damage to the neighbour`s property. The law provides for notice periods (between the owner who carries out the work and the adjacent owners involved) depending on the nature of the proposed work; one month for nearby excavations or new walls on the crossing line and two months for work that has a direct impact on a party structure. They are surprised to learn that there are no penalties for such behaviour and their only remedy to seek an injunction from the court. Getting an injunction seems to be an extreme measure for most neighbors – advance fees are prohibitive in many cases, and often, when a neighbor talks to a lawyer, it`s too late anyway because the certified work is finished. If you do not agree with the surveyor`s price, you and your neighbour have 14 days to challenge the regional court.
We had a similar experience (at SW London) with a neighbour who disagreed, but that didn`t stop the extension, it just meant we had to appoint a third surveyor. Honestly, I wouldn`t bother to appease the neighbors by making concessions, like installing plants or anything. We did it to try to keep calm at their request, and put London bricks on the wall on both sides (original recycled bricks) with a higher cost and on one side they did it on top and on the other painted on them!!! Our neighbour was on the city council every week and the owners were very ruthless towards her. They washed all their windows and cleaned their garden (very messy), but it wasn`t good enough. She moved soon after and the new neighbors built directly on the party wall, without raising. However, make sure that your third lawyer inspects her property with photos, so that there are no aggros or allegations that your owners caused damage to their property at a later date. With regard to compensation, I think it can only be paid if there are existing party wall foundations built on which you build and the neighbour can ask you to pay a fair enough contribution, but that is not the case, in your case, if you are the first to extend.