Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if to your knowledge the extension is either being built along the boundary between the two properties or within 3m of the next door property (assuming you are excavating as art of the build)?
Its being built along the boundary between the propertys and there less than 1.2 metres between both propertys. The problem is ,I have already built most of the side near the alley a nd cant continue until I know if I can within the law
Thanks. Have you just been contracted to do the physical build or have you also agreed to deal with party wall notices too please? Do you know if a party wall notice has been served by your customer or by anyone else?
I have just been contracted for building the extension . Im assuming that all the other details were taken care of before I started.Both these people are friends of mine. Im assuming everything was fine up until now
Thanks. Because the extension is being built along the boundary line your customer should have served a party wall notice and the neigbour must either have a) consented to the work in writing following the notice or b) a party wall award would have been needed if they could not agree.
If your customer has not obtained one of the above in response to the PW notice then unfortunately your customer cannot proceed with the build until they comply with the above. requirements. Providing they have however the Party Wall Act includes provision for the erection of scaffolding and such other temporary structures on the neighbours land necessary to carry out the build. Your customer can remind the neighbour of the provision of the Act in this respect and that if they prevent such structures from being erected your customers right to apply to the county court for an order to erect such structures and costs (including any additional build costs) incurred.
Its half built now. If no party wall notice was given ,but the work allowed so far by the neighbour, does she have the right to stop us ?
Ok got it
On the basis that you have only been contracted to carry out the physical build this is something you can refer back to your customer asking them to confirm they have complied with the PWA and if so to proceed as above. If not then the customer will either have to informally negotiate with the neighbour to continue and erect the structures as required or failing which will have to stop work until they have complied with the PWA requirements.
This of course may have cost implications to your agreement and you could potentially be entitled to revisit your costs if you cannot proceed because they have failed to comply with the requirements of the PWA but that is of course a matter entirely for you.
The neighbour can either a) refuse to allow consent to put up structures on her land in the absence of PWA compliance or b) apply for an injunction to stop work generally if the PWA has not been complied with. Hopefully you will find your customer has so complied in which case the neighbour must allow reasonable temporary structures as above.
Thank you very much for your advice. That helps me a lot.
A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.
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Thanks again Joshua