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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I require a letter to go to a housing association stating

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Hi, I require a letter to go to a housing association stating that we will take responsibility for any damaged caused to an adjoining outbuilding when we take down our side of it. Is this something you can do? If so, what is the cost and time scale please?
JA: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: I'm in the UK
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Have you talked to a lawyer about this?
Customer: I've contacted a couple but they want a face to face appointment before they will even think about writing the letter
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so

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.

  1. may I clarify for the avoidance of doubt, that you own your property and the neighbouring property to which you refer is owned by a housing association please?
  2. from what you say, I gather you are seeking to demolish an outbuilding which is attached to a neighbouring outbuilding?
  3. have you had any contact with the housing association to date?
Customer: replied 15 days ago.
Hi. Thanks. 1) Yes we own our property and the neighbouring property is owned by a housing association (Saffron) 2) Yes that is correct, but some of the outbuilding on our side will remain as there is a chimney that we can't remove (it's in the centre of the adjoining outbuildings) 3) we've had a letter from them stating that we need to provide "A formal solicitors letter from you accepting responsibility for the financial cost and scheduling for repair any damage caused to our property during the demolition" along with other requests such as a full & detailed structural engineers report, detailed architect plans of how the exposed wall and roofing will be finished, that we will accept liability for any misdemeanors, injuries or accidents associated with the demolition and to accept liability for any property damage, repairs, maintenance, misdemeanors, injuries or accidents associated with the demolition.
Is this letter something you can provide us? If so, what kind of time scale would it be and how much? Please & thank you
Customer: replied 15 days ago.
Once I have an understanding of costs etc I would be happy to discuss over the phone. Thanks

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:

https://www.rocketlawyer.com/gb/en/documents/party-wall-notice

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.

Customer: replied 15 days ago.
As the party wall isn't being touched, we are keeping approx. 1m of the outbuilding on our side, do we need to issue a party wall notice?

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)?

Customer: replied 15 days ago.
that's correct. I've completed the notice of adjacent excavation, is that correct?
Customer: replied 15 days ago.
Once we've issued the party wall notice, can you help us with the letter they state they require? How much is this likely to cost?

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.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/522982/Example_letter_1_-_Party_Structure_Notice.doc

Customer: replied 15 days ago.
When do I get to know how much this conversation is costing me please? And how much a letter would be?

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.

Joshua and 4 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Ok thank you. Unfortunately I need a formal solicitor's letter so I don't think they'll accept one from me

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.