Party Wall Act Urgent Help Needed!!!!

[matesalka]

Hi,

I wonder if anyone can give my some advice.

Our neighboring property has been bought by a developer and there are building a new build house. They wanted to access our land and demolish our garage so to have space to do the building works necessary. The compensation they offered was not sufficient for us so we refused.

We had explained to them previously that the space they wanted to occupy on our land would cause us considerable damage as we rent part of the property as a holiday let and this space is the parking space that goes with the property (a the back of our garden). Not having access to this space would cause us a lot of lost bookings as clients usually want a private locked parking space. Also having builders in our garden for 3 months will no longer make the garden private and would cause considerable inconvenience to our guests.

We appointed a chartered surveyor who was dealing with the Award in relation to the Party Wall Act and we were happy how things were proceeding. However we received today an email where we informed that we have to give access to our land pursuant to the Party Wall Act.

Is this correct. Can they access our land without our consent and without sufficient compensation? They want to erect scaffolding on our land for 14 weeks. I know they can have statutory access to our land as the act lays out but do they have a right to erect scaffolding? What about compensation as above? No one notified me, not them, not the surveyor, not anyone that they would have right of access. I was not aware of the conditions of the act and presumed that they could not enter my land without permission.

They are insisting that the award is signed tomorrow. Can my surveyor sign the award although I have specifically told him that I do not give consent to it being signed until this issue is sorted out. What happens if he does not sign it and it goes to a third party surveyor?

I just find it incredible that they can access my land and erect scaffolding on my land for 14 weeks against my will!

Any help would be much appreciated

[des8]

Re: Party Wall Act Urgent Help Needed!!!!

Hi & welcome.

I understand that the Party Wall Act only covers the works named in the Party Wall Award, so their access rights stop there.
The act allows reasonable access to enable the proposed works that form part of the Party Wall Award to proceed.
This access includes for digging foundations,scaffolding etc

It sounds as if you have both appointed surveyors who have agreed the award.
If you don't agree with it the matter can be referred to a third independent surveyor who will arbitrate.And if you still don't agree there is County Court (but at that stage I would recommend
professional legal advice)

Besides compensation (which should cover your anticipated losses), depending on the works intended, you can ask for security (deposit, bond, insurance) for expenses to guard against the risk of being left in difficulties if work stops at an inconvenient stage.

[Henry Science]

Re: Party Wall Act Urgent Help Needed!!!!

The scaffolders may be permitted to enter your land to erect scaffolding, only if the work which requires the scaffolding falls under the Party Wall etc. Act 1996. If this is stipulated in the party wall award, this will permit them to enter your land to do so. We use VB for our property portfolio who often write in their awards that reasonable written notice should be given at least 14 days before entering the adjoining owner's land, except in the event of an emergency. The scaffolding should not be on your land without your permission - this is trespassing!

Raising issues with the third surveyor can be costly - you should only do so if in disagreement with your appointed surveyor and the issue cannot be resolved. If the third surveyor does not find matters in your favour, you may be responsible for the fees.

Once you receive the party wall award, you'll have 14 days to appeal it with the county court. Definitely appeal if you're not happy with the content of award. Let me know if you'd like me to pass your details on.