Tommo Posted February 6, 2009 Report Share Posted February 6, 2009 Get a surveyor with you on site when you have this meeting, they can read the deeds before hand and apply the law where nessiary to both sides. Sounds like a Type A as discussed, but the deeds need reading by someone who is either a surveyor or a solicitor whom deals in the area. If the wall belongs to your side, the wall cannot be touched and is protected by the PWA (Party Wall Act). If shared any works have to be agreed, if it is silent in both sets of deeds (as Jim Lads says) it can lead to whole load of legal two'ing and frow'ing. Also the whole thing is made more complicated as the wall will not belong to one of the residents (but as a common right of way) will be party to all.... I've had this type of problem on a site(s) before where the wall had come down on our side, not belonging to the lease/deeds of my company, we could only clear-up the mess and then wait until the owner of the wall did something about it. On other sites where we have had to run in power and gas & water we couldn't go within 900mm of the adjoining wall(s) as it could of disrupted foundations :look: . Gordon, sounds to me like they are trying to play the heavy 'we know the law' hand, as such they'd get the work done then your family would be in **** street (because basically as they will have not disputed - will be taken to have agreed). Best to step in and at least halt pending investigating by a qualified surveyor. Tom Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 6, 2009 Author Report Share Posted February 6, 2009 Advice welcome and appreciated. Just plan to listen to what he has to say, send him away and take advice. I was tempted to send my "little lad" round to see them. Only joking. :look: Quote Link to comment Share on other sites More sharing options...
barrowboy Posted February 6, 2009 Report Share Posted February 6, 2009 This problem can be solved quite easy . Firstly you say the property is used as a childrens nursery , therefore if the person next door is doing work that may course damage or make wall unsafe, YOU have to inform the health and safety officer.As this could put the children at risk,and it is your duty to inform them for your own sake .( If anything should happen and you did not take the steps required by law , your insurance would be void ) They will come along and see the person doing this work and make them put something in place to protect the children and ensure that they make safe any damage , putting it firmly in their hands . There will be no if's or but's about it , trust me . :look: Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 7, 2009 Author Report Share Posted February 7, 2009 Met the neighbours today. Mentioned Party Walls Act 1996 and they said they had only been thinking about doing the road, despite saying to Julie that they were starting work. All on the backburner. Photos taken of the wall and road. Martin and Julie are taking the precaution of getting a surveyor, plus checking with their insurance and solicitor. Thanks for all advice. Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted February 7, 2009 Report Share Posted February 7, 2009 The party wall act would not be relevent in this case. The upgrading of the road as it is non adopted would not be subject to highways specification or inspection nor would it require planning permission or building regulation approval. The owners of the wall will not be liable for any damage caused by the upgrade quite the opposite in fact. You need to ensure that a Photographic survey of both sides of the wall is taken before any work is commenced and a copy is deposited by registered post to the spokesperson or agent of the occupants of the cottages or the owner of the road. This needs to be precise in its wording that the owners of the wall do not take any responsibility whatsoever should the wall be damaged or its structural integrity be compromised by the upgrading works. If they proceed to do this work and the wall is damaged then they will be guilty of criminal damage and entirely liable As you are doing nothing to the wall (or the road)you cannot be made responsible to any damage caused to it or its foundations, you need not inform your insurers or the health & safety executive as its not your responsibility to do this. I have spent 30 years in the Construction Industry, have a Post graduate degree in construction law, have dealt with several hundred adoption procedures and have acted as a party wall surveyor at least 30 times in the last 5 years. Sleep easy. Cheers. JM Quote Link to comment Share on other sites More sharing options...
barrowboy Posted February 7, 2009 Report Share Posted February 7, 2009 As you are doing nothing to the wall (or the road)you cannot be made responsible to any damage caused to it or its foundations, you need not inform your insurers or the health & safety executive as its not your responsibility to do this. I have spent 30 years in the Construction Industry, have a Post graduate degree in construction law, have dealt with several hundred adoption procedures and have acted as a party wall surveyor at least 30 times in the last 5 years. Sleep easy. Cheers. JM Sorry my friend , yes the wall is not his responsibility in one sence . But I'm affraid the safe being of the children is ,and under the child care act ,to which they have to comply with, they are responsible for the well being of all children attending this nursery school . And must take steps to protect them while work is being carried out . The matter of who's responsible for the wall has nothing to do with the fact that children attending this nursery school may be placed in danger . And that is an HSE matter under the child protection act for any school.And they will decide if the measures put in place are good enough . No good running to the HSE after some poor kids need crushed under a wall if you failed to protect them . Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted February 7, 2009 Report Share Posted February 7, 2009 As you are doing nothing to the wall (or the road)you cannot be made responsible to any damage caused to it or its foundations, you need not inform your insurers or the health & safety executive as its not your responsibility to do this. I have spent 30 years in the Construction Industry, have a Post graduate degree in construction law, have dealt with several hundred adoption procedures and have acted as a party wall surveyor at least 30 times in the last 5 years. Sleep easy. Cheers. JM Sorry my friend , yes the wall is not his responsibility in one sence . But I'm affraid the safe being of the children is ,and under the child care act ,to which they have to comply with, they are responsible for the well being of all children attending this nursery school . And must take steps to protect them while work is being carried out . The matter of who's responsible for the wall has nothing to do with the fact that children attending this nursery school may be placed in danger . And that is an HSE matter under the child protection act for any school.And they will decide if the measures put in place are good enough . No good running to the HSE after some poor kids need crushed under a wall if you failed to protect them . Fair point barrowboy.........but presumably the people running the nursery will diligently keep the kids away from a percieved risk........I stand corrected. Yes it would be a good idea to inform the HSE. Quote Link to comment Share on other sites More sharing options...
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