Party wall dispute

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Kai1977

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I live in a flat. My downstairs neighbour is having various work done including:

Chimney breast removal (mine would stay)

Internal wall removal (it's a supporting wall and mine is above)

Knocking down of external walls that support mine and adding extension.

He says his surveyor said this doesn't need a party wall survey because we don't share any party walls. Three surveyors I spoke to said the chimney breasts at a minimum do (party structure).

Is there specific law I can quote on this?

And if not, what do I do next?

(Flats are leasehold, he has permission from freeholder for external work, not sure about internal). He doesn't have council planning consent for the chimney or internal walls.
 
Kai1977 said:
(Flats are leasehold, he has permission from freeholder for external work, not sure about internal). He doesn't have council planning consent for the chimney or internal walls.
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Express your concerns, to your local councillor, and ask him to involve the council.
 
In respect to the chimney I think the Party Wall Agreement is required

www.gov.uk

Party walls and building work

When and how to tell neighbours about building works on party walls, what to do if you've been notified of works, how to come to an agreement
www.gov.uk www.gov.uk

And be firm with your neighbour - THEY HAVE TO PAY, and it delays work so of course they are going to say it’s not needed.

Also put a call into your local building control office as they must be involved
 
Thank you. The strange thing is he has got them with the two houses either side (it's a terrace), but I think that's because theirs are more straightforward.

I have said to him that I'm surprised his surveyor who is advising him doesn't know the law.
 
Kai1977 said:
He says his surveyor said this doesn't need a party wall survey because we don't share any party walls. Three surveyors I spoke to said the chimney breasts at a minimum do (party structure).
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Floors and ceilings of flats are as you say "Party structures"..

Screenshot_20240607-232855_Chrome.jpg


And depending on what work is carried out, would fall under the Party Wall etc. Act - the etc. is the important part here!

www.gov.uk

The Party Wall etc Act 1996: explanatory booklet

www.gov.uk www.gov.uk
 
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Thank you. I've pushed him to tell me on what exactly basis his surveyor is saying it's not a party wall act matter as he insists the surveyor says it doesn't fall under the act (whereas the two neighbours either side have been given notice as it affects their garden walls for the extension).

If not I will involve the freeholder, council and potentially appoint my own surveyor but want to avoid that due to cost if I can.
 
Yes sorry I mean in the event that he refuses to issue a notice and starts the work while I'm still trying to organise ny side.
 
Kai1977 said:
Yes sorry I mean in the event that he refuses to issue a notice and starts the work while I'm still trying to organise ny side.
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You can then serve an injunction, which means all further works come to a stop, until the notice is properly served.
 
Kai1977 said:
I live in a flat. My downstairs neighbour is having various work done including:

Chimney breast removal (mine would stay)

Internal wall removal (it's a supporting wall and mine is above)

Knocking down of external walls that support mine and adding extension.

He says his surveyor said this doesn't need a party wall survey because we don't share any party walls. Three surveyors I spoke to said the chimney breasts at a minimum do (party structure).

Is there specific law I can quote on this?

And if not, what do I do next?

(Flats are leasehold, he has permission from freeholder for external work, not sure about internal). He doesn't have council planning consent for the chimney or internal walls.
Click to expand...
Are you certain the walls are structural walls? If so....

Speak to the building owners (Freeholders) and inform them structural alterations are taking place in the flat below.

Any removal of structural walls fall under Building Regulations and are subject to building inspections.

PWA will apply but it's scope may be limited in this case.
 
The internal wall is definitely structural (and another neighbour I spoke to confirms this). I'm fairly sure the external back wall is but not sure how it normally works. It's an 1880 Victorian terrace.

The council approved the external extension but not any of the other work.
 
Kai1977 said:
The council approved the external extension but not any of the other work.
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I would be surprised if the extension drawings didn't show the internal alterations and that these would likely have been scrutinised by both your freeholder and building control. It would be difficult for any builders to be able to hide this from scrutiny.

Summat doesn't add up...?
 
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