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Party Wall Agreement - 5yrs on..
07-05-2014, 09:48 PM
Post: #1
Party Wall Agreement - 5yrs on..
Hi anyone out there who can shed some light and advice please-
We had a loft conversion 5 yrs ago. Neighbours signed party wall agreement.
We continued work, however good to note here that between the two houses,
There is only one brick longways width-so essentially half a brick.
5 yrs later, neighbours went in their loft as it was leaking and found that
One of the steels had damaged their plaster board slightly as on installation it went against their plaster board and it made it now slightly. They removed the plaster board to find that our steel was over the half brick by 10mm. Does anyone know or can give advice on legally what we should do? Should we make good or
Cut the steel back the 10mm? Many Thanks
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09-05-2014, 11:42 AM (This post was last modified: 09-05-2014 11:50 AM by partywallsurveyors.org.)
Post: #2
RE: Party Wall Agreement - 5yrs on..
The projection of the beam is a trespass into your neighbours' airspace and actionable by them if they so choose. Under S2 of the Limitation Act 1980 it would not be after six years from the date the cause of action accrued.

Under S2(5) of the Party Wall etc. Act 1996 you are responsible for making good any damage occasioned by the cutting into the wall (and installing the beam) and where the work has been negligently undertaken, that liability remains yours for up to fifteen years (Limitation Act 1980 again)

The choice of what to do lies with your neighbour rather than you. It is them who will dictate whether the beam is to be cut back or may remain. If the latter is agreed, a relatively simple document should be drawn up binding both them and any future owners of their property to the agreement. However, you will still be liable for the repair and redecoration of the plasterboard.

Consider costs. As plasterboard repairs have to be undertaken anyway, it may be cheaper to cut of the end of the beam at the same time rather than go to the expense of having someone draw up a legal agreement to regularise the trespass.

Above all, keep things amicable. If you don't, your neighbour could signal a dispute under the Party Wall etc. Act and insist on the appointment of surveyors to resolve it, all at your expense.

Building Regulations are not our forte but it may also be that the end of the beam exposed on your neighbour's side should be protected by fire resisting board in order to maintain the integrity of the wall. Perhaps someone else can comment on this aspect?
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07-06-2014, 07:45 PM
Post: #3
RE: Party Wall Agreement - 5yrs on..
The steel beam should have fire protection. But given the small cross section exposed if cut back flush back filled around with concrete it should not be a problem .
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