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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9605
Experience:  I have been practising for 30 years.
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My neighbor proposes to build an extension and has obtained

Resolved Question:

Hi, My neighbor proposes to build an extension and has obtained planning permission (which I did not object to though I did comment that there would need to be a party wall agreement). The wall of his extension will be close up against the garden wall that exists at present between us. He has sent me a 'Three Meter Notice' and a 'Party Structure Notice' I suspect drawn up by his architects. It says the work will be carried out when the notice has 'run' or earlier by agreement. It simply asks me to sign to say if I consent or dissent (presented as delete as applicable). The plan supplied is the one used for Planning Permission (so not very detailed); there is no mention of us being 'in dispute' if I chose to dissent; and there is no invitation to me to agree to a Surveyor or put forward a Surveyor myself. My worries are that the garden wall may collapse (not because it is inadequate but because properties are on a hill with his higher than mine and he intends to excavate to build foundations within a few inches or feet from it. I am also concerned about any other damage to my property and to regulate access, noise and disturbance; I would like a Surveyor appointed to resolve these issues. How should I reply? (Thanks. Ros)
Submitted: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 months ago.

Hello - are you asking for your neighbour to appoint an independent surveyor?

Customer: replied 2 months ago.
I would like to ask for an independent or an agreed surveyor and on the basis of Local Government explanatory advice on the Party Wall Act, I was expecting that his party wall notice would contain such a proposal. In fact it contains no mention of 'being in dispute' or agreeing to or nominating a surveyor.
Customer: replied 2 months ago.
cost of phone call too expensive
Expert:  F E Smith replied 2 months ago.

Don’t worry about the telephone call. The offer comes out automatically and you are free to decline it, accept it, or hold it in abeyance.

The situation with the garden wall, even if you consent, is straightforward: if it collapses, he is liable for it in negligence.

The same applies to any other damage to your property.

If you refuse consent to the works then as it says in the explanatory booklet, the dispute resolution procedure comes into play.

If you refer to sections 11-17 explain the dispute and resolution process.

All you need to do is respond in writing to the neighbour. If he doesn’t do what is required along the terms of the act (in the booklet) and you can apply to court for an injunction (and legal costs) to make him stop the work pending an agreement.

Can I clarify anything else for you?

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you. If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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