Party Wall Notice - Changed planning

[sytra]

Hi,
An elderly family member has received a party wall notice and we would like some advice before contacting a surveyor see if we just being rediculous.

The bits we would like help with are as follows:

1: adressed to the owner not him personally even though his name is known and shown further in notice.*

Should it be addressed to him personally?


2: they give less than a months notice NOT minimum 2 months.

As it is a Party structure notice we understand it should give a minimum of 2 months notice.

3: the notice says to build a bedroom above the garage.*

Original plans were for a*gym*above the garage not a bedroom, can these be changed without notice?

4: they say no special foundations needed.

The garage is joined to his by single skin breeze block wall and they have not as far as we are aware checked the foundations. They do say they will strengthen the wall but we have doubts about foundations as the neighbour the other side had to have foundations dug.

5: They want to erect the scaffolding over his garage.

If they do then he wont be able to use it for a minimum of 4 weeks, bearing in mind he does park his car in it can he claim compensation as in effect his insurance could be invalid as car wont be garaged as declared instead it will be at the end of his driveway.

I should also say the notice is very vague and in the proposed works just says construction of a bedroom above our garage.
We look forward to any responses.

[Peridot]

Re: Party Wall Notice - Changed planning

Hi,
A Party Wall Notice is just that only a notice of intended works. It is not a party wall agreement which deals with any issues that arise in the event the works cause damage to your property.

The Party Wall etc Act 1996 deals with this area and also how to settle disputes. The government link has some useful templates and explanations of what should and shouldn't be included in a Notice. Here is the link: https://www.gov.uk/guidance/party-wa...-1996-guidance

If an agreement is needed it is for your neighbour to have this drawn up and then a surveyor who is professionally qualified will need to attend your property to check the party wall from your side and will look at the neighbours side. A full agreement is then drawn up confirming the state of the party walls before work commences and following completion of the works to check all is stable on your side and as it was before the works commenced. It also sets out who is responsible in the event there are any issues that cause damage to the property as a result of the works. I would say that an agreement is needed but your relative does not pay for this the neighbour has to. It is a perfectly reasonable request to have an agreement between them and their builder will be aware of the normality of such agreements.

With regard to the car and insurance, the car will still be on a drive and it is only allegedly for a month so there should be no issue with the insurance. I would maybe park away from the property while the scaffold goes up however, just incase something drops on the car!

Hopefully this points you in the right direction. Your relative should definitely not be putting his hand in his pocket for any agreement to be prepared.

[des8]

Re: Party Wall Notice - Changed planning

Hi,


With regard to the car and insurance, the car will still be on a drive and it is only allegedly for a month so there should be no issue with the insurance. I would maybe park away from the property while the scaffold goes up however, just incase something drops on the car!

.

I would suggest OP reads their policy, especially any endorsements carefully.
When my AC is at home, it has to be parked in the garage overnight.
When my MG is at home it has to be on the drive overnight.
These are conditions of the policy and reflect the info given to insurers on the proposal form.
Admittedly they are classic cars, on a classic car insurance policy, but I have seen similar conditions imposed on modern vehicles due to their value or the area in which the proposer resides.

If uncertain advise insurers of temporary change of circumstances when work commences.
Any additional premium (unlikely) should be met by neighbours