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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
thank you. From what you describe, you will need to consider serving a party wall notice upon the housing association. If you carry out works without serving a party wall notice, the work will be contrary to the party wall act and the housing association could seek an injunction to prevent the work continuing until such time as you do comply. You can find a precedent here:
Following service of the party wall notice upon the neighbour, you will require the consent to proceed. The neighbour is entitled to ask for a party wall surveyor to be appointed at your cost if they wish or you can have a party wall surveyor appointed if they failed to respond to your notice. A PW surveyor can prepare a party wall award to enable the works to take place and take account of any issues the neighbour has in relation to concerns about work. The Party Wall Act deals with issues of damage and so on which to the extent is caused by any works you undertake would fall to you to repair.
Forgive me, perhaps I misunderstood. I understood from what you explained above that the building you are seeking to demolish adjoins the neighbouring building (i.e. is attached to it)?
thank you. The party wall act also applies where you expose part of a party wall - i.e. for example here where you demolish a building exposing the neighbours party wall to the elements. from what you describe, you propose to demolish a building which falls under s2 Party Wall Act which therefore necessitates a "party structure notice" rather than the excavation notice.
The costs would have been displayed to you before you asked the question. This is a legal information service rather than a representation service so I am not able to draft a letter on headed paper for you I regret. You can use the above link to prepare your own notice however.
I quite understand. Unfortunately this would need to be instructed with a local solicitor. Of course do consider that having served the correct party wall notice as above, you can require the work to go ahead following the appointment of a party wall surveyor via a party wall award without the need for involvement of a solicitor.