Advice on how best to avoid a dispute please

Notsurebut · 6 July 2017 at 12:00AM

I'm trying to not get into a dispute with my neighbour ; they have got planning permission for a single storey rear extension which will fill in their side return (typical Victorian terrace properties) and I didnt object cos I have no problem with the extension.

They havent popped round or asked to discuss with me, again thats fine...except today on the doorstep they dropped into a brief hello exchange that the work is starting next month and the builder will be removing the boundary fence (which they paid for, before I moved in, and which I've not been allowed to stain or paint or grow any plants up, because its their fence evrn tho its on the boundary).

Ok so they are removing the fence, and I have to clear my garden table and chairs, pots, garden tools, bike etc from my side return...so the builders can work from my garden as the new extension will be to the boundary line. Also the builders wont want my dog going out in the (my) garden, and they will need to leave equipment etc in my garden for a few weeks as there wont be room in my neighbours' garden. So I have now been told.

Work starts in August.

I was slightly stunned, and speechless.

I really dont want to get into any arguments, have no problems with the extension as such ; I am just not sure how they have any rights to dictate like this...or how I deal. I'm partly retired, live by myself, and feel quite intimidated. Also I do value my privacy, I'm not keen on having builders directly outside my kitchen and dining room windows, and I love my garden.

Any practical advice please ?

Davesnave · 6 July 2017 at 1:30AM

It sounds like you will need the protection of the Party Wall Act. This is quite complex, and your neighbour has already fallen foul of it by not giving you sufficient notice.

For starters, here's a link which will enable you to downlosad government advice on the subject:

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

Good luck! Remember the Act sets out how these things should be done, so you don't have to justify your own position here; it's what any reasonable person would do/expect.

Doozergirl · 6 July 2017 at 6:54AM

Just to echo Davesnave.

This is precisely what the PWA is for. You formally agree on the methods taken and any re-instatement that needs to occur.

It makes sense for their wall to officially become a party wall too, so that you, or future occupiers, can use that wall as part of your own extension in future.

If they were doing things properly and you were amenable, then they can appoint one surveyor. If they don't, then you're going to have to take on your own and they become responsible for two bills when they appoint their own.

Notsurebut · 6 July 2017 at 8:06AM

Thank you for replies ; so I have to go to door knock them and explain the PWA to them do you mean ?

Davesnave · 6 July 2017 at 8:23AM

Notsurebut wrote: »

Thank you for replies ; so I have to go to door knock them and explain the PWA to them do you mean ?

It's polite to respond face to face, rather than writing or speaking through an intermediary, like a solicitor. You might not be comfortable with it, but that's the best way forward at this point.

They may not understand the situation themselves, or they may be hoping you won't, but rather than pre-judge, it's best to give them some info and then gauge how it might go from that.

It doesn't need to be confrontational. Yesterday, you had no knowlege about this, so it's only reasonable to come back to them with a considered response.

You could start by saying. "I've been thinking about what you told me yesterday and I'm wondering how we will be using the Party Wall Act in the course of this work, which is bound to affect both of us."

If the neighbour professes ignorance, give them the link and time to come back to you with their proposals, but make it clear that further discussion on the subject should happen soon.

Ozzuk · 6 July 2017 at 8:36AM

Its quite likely you need to give them access but I personally wouldn't be allowing them to store equipment on your garden. What would happen if it was stolen/broken for instance. I also don't think its reasonable for them not to expect your dog to go out. The vast majority of the work could be completed from their side, you could always request a temporary fence.

And you certainly want a PWA. I'd also check their plans for the eaves/guttering as if they are building up to the boundary they may be looking to have them hang over your land - which is best avoided, especially if you ever want to do the same.

None of this needs to be confrontational, or turn into a dispute - as dave has pointed out, approach it all from a discussion point of view. Of course that depends how the neighbours react, even though it is for their benefit some people have a sense of entitlement that is hard to get past.

Good luck!

Jimmy_Neutron · 6 July 2017 at 9:09AM

If you get a knock at your door and it's your neighbours with tea and cake BEWARE, as I have heard tea and cake is very persuasive in getting people to agree to anything :rotfl:

I wonder if you could charge the neighbours/builders for storing equipment in your garden. Also can they erect some temporary fencing to allow your dog to use the garden?

DaftyDuck · 6 July 2017 at 9:19AM

No to charging... there will be some assumption of responsibility. Simplest is for nothing to be stored overnight. But, the idea of temporary fencing is excellent.

Do go round to discuss things, don't do it by letter. However, print out a couple of guides to the PWA to take and leave.

Be polite, but be firm. How you act now will flavour the relationship through the build, and long into the future.

AndyMc..... · 6 July 2017 at 9:37AM

DaftyDuck wrote: »

No to charging... there will be some assumption of responsibility. Simplest is for nothing to be stored overnight. But, the idea of temporary fencing is excellent.

Do go round to discuss things, don't do it by letter. However, print out a couple of guides to the PWA to take and leave.

Be polite, but be firm. How you act now will flavour the relationship through the build, and long into the future.

Yes and it will be the OP's problem as he needs a fence to keep his dog on his property.

dogshome · 6 July 2017 at 9:52AM

Insist, but politely, that the builders erect a dog-proof barrier around the work area that they require on your land

This does two things:
Your dog still has the freedom of your own garden.
More importanly it limits the work and material storage area to being within a specific boundery from DAY ONE

phoebe1989seb · 6 July 2017 at 9:54AM

Agree with everyone else regarding the Party Wall Act. About seventeen years ago when we were young and naive, we had a well known bully for a neighbour. He was building a swimming pool building in the grounds of his detached, corner property to which our (also detached) house was next door.

He did serve a PW notice, but his builders - he owned the building co - rode roughshod over both us and the lady (an elderly spinster) whose house was at right angles to his, around the corner. Not only did they remove both our boundary wall and hers - both of ours were old Victorian walls/houses, his was built in the 1950s - but they proceeded to destroy her garden furniture and both her own and our flowerbeds, ours which had been recently planted out with large shrubs etc.

Furthermore, although they erected temporary fencing - those huge metal mesh barriers you see on building sites - they allowed their dogs (the builders' and the property owner's) to enter our garden and 'do their business' :eek: These were relatively large city gardens - ours was around 65' x 35', his was considerably larger - and it was virtually impossible to keep things secure, especially as there were some particularly bad storms at the time that caused the 'fencing' to blow over crushing our plants in the process. Work went on for months and the builders/neighbour were rude, loud and obnoxious throughout.

Ultimately the neighbour had to not only rebuild our walls in suitable old brick, but replace everything destroyed in both our gardens. Looking back I think we should have been entitled to further compensation for the aggro, but as I said we were young and naive/he was a bully!

Sorry if I've alarmed you, OP, I'm sure most people don't have such horrid experiences, but you have to be assertive from the get-go - we were not. I know when we built an extension at a more recent property, we were extremely considerate of our - non-attached - neighbours and wouldn't have dreamed of taking such liberties

Advice on how best to avoid a dispute please

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