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Question

Planning Control and Building Regulations (England)

3rd Party Wall Agreements

14 Sep 2017 | 1 comment

My tenant has written to me asking if there is a 3rd Party Wall Agreement for the attached property. The neighbours have received their planning permission and are commencing building works. When, the tenant viewed the property he was made fully aware in our conversations that these works would be going ahead once planning permission was granted. I have not received from the neighbours a PWA.
1) Must the neighbours give me a PWA?
2) Does the tenant have any say in the deliberations of the PWA or say over access to the land with regard to such things as scaffolding etc?
3) The tenant has also asked for detailed email of what exclusions apply to the tenancy agreement if the works go ahead. Could you advise please?
The tenant has a 6 month ASH tenancy from Guild website DPS template. This is the second 6 month agreement with him and so he has been in the property in total 8 months. The tenant will not be staying any longer than 12 months as he is developing a property himself. Many thanks.

Answer

1 Comment

  1. guildy

    Unfortunatley this isn’t really within our comfort zone of landlord and tenant. We’re not experts in boundaries or party walls.

    We do have a basic article here discussing the Access to Neighbouring Land Act 1992 which should assist.

    The tenant can’t go against the neighbours rights under the Act.

    We don’t know what the tenant means by exclusions that might apply? A tenancy is to provide a home and we don’t see how that changes. Fair enough there may be some noise or disruption but that is between the tenant and the neighbour and we don’t see how that has anything to do with the landlord.

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