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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I have a customer who would like a first storey extension

Customer Question

Hi. I have a customer who would like a first storey extension above there garage, planing permission and building regs have been passed. But unfortunately there neighbour will not sign party wall act and will not enter into any discussion further.
I am the builder and would like to know how we can possibly move forward.
Many thanks D Lewin D&N Builders Plymouth. Devon
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Thank you for your question and welcome. Do you have a surveyor appointed to deal with this? Are you trying to get them to sign a party wall agreement?
Customer: replied 2 years ago.
Yes we have appointed surveyor. Yes would like them to sign but not interested.
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Has your surveyor not suggested just serving a party wall notice, is there some reason why this has to be done by agreement? Kind regards AJ
Customer: replied 2 years ago.
Hi. Are you saying as long as we serve him the document with the correct lead time before commencement he doesn't have to agree or sign anything ? Are we allowed to put scaffold in his side to be able to build ours?
Cheers D&N Builders.
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Under the Party Wall Act you should be allowed to access the party wall to do essential repairs. You wont be able to just put scaffolding on his side without his permission. If the neighbour is refusing to agree a joint surveyor then following the party wall act rules you can appoint a second surveyor on his behalf and ultimately force access to the property. Your surveyor should be aware of this fact - what has the surveyor suggested that you do?
Customer: replied 2 years ago.
Hi Alex J. Thanks for your response to my case, you have answered all my queries now and it looks like we will be starting the extension shortly.
Yours sincerely ***** ***** D&N Builders.