Part P or not Part P

[partypest]

Here's one for Saturday morning: Residential dwelling is unfortunate enough to find itself a neighbour, but not attached to, a house that was converted into offices some time ago. The offices have a car park that borders the residential dwelling, and this is what's happened. Unknown to the owner of the dwelling, the owners of the offices have spanned the gap between the buildings and attached SWA to the outside of the dwelling, there are bulkhead lights fixed on too, but it doesn't stop there. The SWA carries on then drops down into the ground where it continues submerged to a lamp post in the business car park. The SWA is then fixed to the fence owned by the dwelling for some distance before disappearing underground. Now, besides the obvious outrage that a business could take the **** that much without so much as asking, by attaching all that to a dwelling, does this make the installation Part P and notifiable or not? I think it does, but I'm very interested to hear the comments from my learned colleagues.

 

[Jay Sparks]

I would of said no because the installation is fed via the db in the offices, therefore its not domestic, its commercial and part pee doesnt affect commercial.

 

[partypest]

Thanks Jay, anyone else have an opinion on this?

 

[telectrix]

as said above. nothing to do with part p. more a case for legal action , unless the work was done with consent of a previous owner of the dwelling.

 

[partypest]

Thanks Tel, I think they're looking for support from enforcement. Anybody else come across something similar?

 

[Robotstar5]

The private property may be able to charge "rent" there is a proper term for it similar to DNO running poles across your property.

 

[telectrix]

and if they don't want it there, then charge an exhorbitant rent.

 

[telectrix]

The private property may be able to charge "rent" there is a proper term for it similar to DNO running poles across your property.

wayleave.

 

[Engineer54]

Can't see much of a problem here, if the home owner doesn't want this cable or these lights attached to his property then all he needs do, is officially inform the office building owners, giving notice to remove the said installation from his property!! If nothing happens or the office owners refuse, remove the fixings for this cable and the lights from his property himself (by an electrician).

He has then fulfilled any legal obligations.... lol!! ...Frankly this installation would never have got off the ground if it were my property. How all this was installed unbeknown to the home owner i can't understand at all, do they have weak eyesight or a hearing impediment or something?? lol!!

 

[telectrix]

a previous owner may have sanctioned it.

 

[Engineer54]

a previous owner may have sanctioned it.

That's not the impression i'm reading from the OP!! If this had been agreed by a previous owner it would have been highlighted by the solicitors search. If this installation hasn't been officially notified (ie wayleave) then it would still be within the home owners right to remove this installation. But as i see it from the OP, this is a fairly recent installation.

 

[partypest]

By all accounts, it was all done a bit stealthy like. The wall in question overlooks a car park that the homeowner has not had occasion to go in, it wasn't picked up until they had a new TV aerial fitted and popped round to have a look. It gets worse, they've bolted a gate to the wall too.

 

[Engineer54]

Same thing as before, give the office owners notice to remove the said gate post from his property!! Or he can go to the expense of hiring a solicitor to draft and forward the notice, to remove these installations!!

Still can't see how these infringements on to your clients property could of occurred without them seeing or hearing anything mind!! lol!!

 

[partypest]

Well, it was all done during the day, 9-5 mon-fri when the owner was out, simples.

 

[Engineer54]

Well, it was all done during the day, 9-5 mon-fri when the owner was out, simples.

It's still not something you'll miss when you get home though is it?? lol!! The lights on his house would, i would have thought stood out like a sore thumb at night/evening!! lol!!

So what is this homeowner going to do about these infringements to his property then??

 

[partypest]

Well, they've asked me to take some photos for them, as it goes, and they are seeing a solicitor tomorrow. I'll let you know if I hear anything more.

 

[Engineer54]

Well, they've asked me to take some photos for them, as it goes, and they are seeing a solicitor tomorrow. I'll let you know if I hear anything more.

It'll certainly be interesting to know what happens partypest. The Law can be a complete --- at times, but i would have thought this is pretty much a clear cut case of infringement!! ...Will will see!! lol!!