I am planning on restoring, underpinning re-pointing and rebuilding defective brickwork of my detached out building .
I issued my neighbour with a party wall notice and we received a letter back asking what the party wall notice meant even though we had enclosed a cover letter explaining. We replied with a letter describing the procedure and he replied with a letter saying he intended to appoint a surveyor but wanted an agreement that I would cover all costs incurred.
We replied saying that it would be for the surveyors to decide the costs but as I am the building owner it is usual that I would meet the reasonable cost of their surveyor. We then received a letter back stating that if I gave him information regarding what access was required and time scale he could see no problem why this couldn’t be resolved!
It is difficult to see the state of the two walls on his side as he has ivy covering them, and is now going up the roof from his side so we gave him a reasonably detailed schedule of works but were not able to put exact dates as a contractor has yet to be appointed, it was basically to be carried out over 6 weeks.
Since we sent the schedule we have heard nothing. We sent a follow up letter recorded on the asking if he could reply within 7 days with any issues or we would have to issue the ten day notice and presume he was in decent and we would appoint a surveyor on his behalf. Still no response. So we have sent a ten day notice saying we will appoint a surveyor on his behalf if no reply.
The questions I have are:-
To answer your specific questions:
As it is a party wall that has fallen in to disrepair the surveyors may ask your neighbour to contribute towards the repair costs and their fees. See section 2(2)(b) and 11(5) of the Act.
Categories: Adjoining Owners, Notices, Rights of Owners, SurveyorsBack to latest blog posts