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House missold in regard to neighbours extension
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We received e-mails and signed documentation from the previous owners (through the estate agent/solicitors) saying that the neighbour would not build the extension astride the boundary line and that it would be built up to the boundary line instead. It was also confirmed no party wall agreement had been signed. We were happy with this and continued on with the purchase
So you knew about Party Wall Areements when you purchased. Why did you proceed without a Party Wall Notice? Under section 1 of the Party Wall Act even building up to the boundary requires this.He and the builder (who was also there) were very understanding, but our neighbour told us that he made it fully aware to the previous owner what his intentions were and sat down with them and the architect to go through the drawings/plans in detail over a year ago.
He may well have done but this doesn't meant the neighbour agreed to him building astride the boundary and does not negate the requirement to serve a notice. Did he serve a notice and when? Did the neighbour respond? He can go ahead and build up to the boundary without response but not astride the boundary.The neighbour has asked us to have a think about what we want to do before they continue any work. Now I need to think about our options.
You seem to be limiting your options to claiming against others for what has happened. This hasn't yet happened and you have the right to say no to it happening. Tell him you are refusing... unless you are happy for him to proceed. But you can't agree to it because he is a nice man and then try to claim compensation from others because it wasn't stopped. You have the power to stop it.
Apart from not serving section 1 notice - that is quite a lot to do wrong. Probably why they are being 'very nice' about it!We don't want to fall out with our current neighbours as they've been very nice and haven't done anything wrong, apart from not getting us sign a party wall agreement before the work started0 -
Another thing to mention is we asked whether we could meet the neighbours before purchasing the property to discuss the extension plans and we were told by the estate agent/previous owners that we couldn't. I'm not sure why, but they promised they'd get the answers themselves.
Even so, I'm not sure we could force the neighbours at that time to put something in writing, our contract was always with the previous owners, not the neighbours.
But you knew how to contact them - why didn't you just knock their door and speak to them? I realise it's too late now but just putting here for others. When buying a house it's always a good idea to go and speak to neighbours.0 -
]so why didn't you knock on the neighbours door and ask them? When I buy a house I always talk to the neighbours myselfWe are also very frustrated with the previous owners and I think we should consider getting compensation for this. Despite some of you mentioning that we saw the plans and that should be enough, these things aren't always completely accurate which is why we asked for further details. Obviously these details were not correct.
Another thing to mention is we asked whether we could meet the neighbours before purchasing the property to discuss the extension plans and we were told by the estate agent/previous owners that we couldn't. I'm not sure why, but they promised they'd get the answers themselves.
Even so, I'm not sure we could force the neighbours at that time to put something in writing, our contract was always with the previous owners, not the neighbours.
sounds like a typical case of "someone else's fault, not mine, so gimme the compo" syndrome0 -
Little Max gives the correct advice. This has nothing to do with the previous owner, very little to do with the planning office and everything to do with you and the neighbours in this present moment.
The neighbour needed to serve you the PW Notice and in order to build a party wall they need your permission. If you don't want the wall built astride the boundary, then it is up to you to refuse. That is your right. This is your house now and the extension was not built, nor any notice served before your ownership. try and blame the old owners and they'll push it straight back at you as it is your responsibility and well within your power.
There's actually great reason to build astride the boundary as you, or future owners gets to use that wall as the wall of a future extension. While it makes the existing garden slightly smaller (15cm), it is only a continuation of the existing party wall inside your houses which you accept as given. As a result of building astride the boundary, both houses benefit from the largest possible extensions and the best building solution for the avoidance of water ingress, damp and basic maintenance. Most people have no foresight and build extensions that end up with silly gaps or the second neighbour ending up with a much smaller extension.
If your house is attached, the best solution for both houses is for new elements to also be attached. Sensible building is better than 15cm of garden because the inevitable will happen and house 2 will be extended.Everything that is supposed to be in heaven is already here on earth.
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Just to think about the practicalities and realism here...
What are we actually talking about? How far is the centre line of the wall now from where you thought it'd be? 10cm? 15cm?0 -
The vendor says one thing and the neighbour says another, how do you know who's telling the truth.It's nothing , not nothink.0
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Thank you all for the replies. I think I'm going to ask for a party wall agreement and let them continue with the extension afterwards. The main concern I have, about the lack of light (as the extension is right next to my bedroom window), won't be changed by a couple of inches.0
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How so out of curiosity?
They do, the plans match what they're building, its just the previous owners told us they confirmed with the neighbour that the wall was going up to the boundary line, not astride it. It's one of the conditions of our purchase as I mentioned.
It's only a difference of a few inches between up the wall being up to the boundary line and on it so I didn't think we needed new plans for that, just confirmation from the previous owners/neighbours.
a lot easier to get money out a company who will either A) have the money, or
have insurances etc in place. Rather than a private individual who simply may not have the funds (or at least can make it seem that way)
I don't understand, Surely planning permission etc is granted on exact specifications, where walls will be situated etc?0 -
glentoran99 wrote: »a lot easier to get money out a company who will either A) have the money, or have insurances etc in place. Rather than a private individual who simply may not have the funds (or at least can make it seem that way)
I don't understand, Surely planning permission etc is granted on exact specifications, where walls will be situated etc?
Sort of, but not really. If they make their extension 15cm than the plans, that doesn't affect the PP as the permission is for the maximum. A slight deviation to the smaller side is never going to be to anyone else's detriment and so another application would be a waste of everyone's time and it wouldn't remove the first permission for the slightly larger extension anyway.
The party wall issue is none of the planning department's business.
Generally if you have more questions to ask than answer on a thread it's probably best to just pose the questions and not offer advice
. Everything that is supposed to be in heaven is already here on earth.
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...we asked whether we could meet the neighbours before purchasing the property to discuss the extension plans and we were told by the estate agent/previous owners that we couldn't.
If course you could. You walk up to their front door and knock on it. If you are fussed about what they might be planning to do, you find out directly.
You may just have a weak case against the seller, but I doubt it. One reason why it will be so weak is you did no checking yourself, relying only on second hand of third hand hearsay.0
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