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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25951
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Adjoining property has had a rear extension approved the plans

Customer Question

adjoining property has had a rear extension approved the plans involve a wall along the boundary i have two walls on this boundary 15 years old a continuation of structures over the last 40 years for them to carry out the building my walls would have to go next door sighed a certificate saying all the work would be done on their land accepted by the council i do not see why my walls should have to come to faciilate their building we do not get on they have been there about 3 years
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the neighbour has serve upon you a party wall notice please?
Customer: replied 2 years ago.

no we never speak i do not understand this party wall business

Expert:  Joshua replied 2 years ago.
Thank you. Because they are seeking to build along the boundary line (i.e. there will be no gap between the building they want to build and the edge of their boundary then they are required to comply with the Party Wall Act. This is an additional requirement entirely separate to planning permission. Before the start work they must serve on you a party wall notice and obtain your consent to proceed. If they commence without doing so you can obtain an injunction and costs against them ordering them to stop work until they comply with the PWA.If they serve a notice and you refuse to consent (as is your right) then they must pay to appoint a party wall surveyor to represent you at their cost. The PW surveyor will inspect the plans and the existing situation and draw up a party wall award to take account of any issues the surveyor identifies as being potential risks to your property and will consider any concerns you may have in relation to the proposed works. The PWA is not a way of preventing the works going forward but is a way of ensuring that your concerns and any additional concerns the surveyor identifies on your behalf are addressed so as to ensure that the works do not have an adverse impact on your existing buildings.You can either agree to use a joint surveyor or insist on your own separate surveyor to be used.If they start work without serving a PWA notice then you can apply for an injunction and costs against them as above using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

it sounds wonderful ill copy it out and sleep bettertonight

Expert:  Joshua replied 2 years ago.
I'm glad the above was of some assistance and that you hopefully enjoy the rest of your long weekend. Best wishes
Joshua and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

what about yesterdays questions that i have paid and not had an answer was told i would get by email im still 3waiting