Neighbour issue - party wall agreement

Milky_Mocha

Our neighbour intends to erect a structure directly against our fence and we are wondering what effect if any this would have on a) the value of our home and b) the plants we have against that fence.

We live in a detached house which at the time of purchase had a garden that was unoverlooked in the summer, due to being shielded by our trees at the bottom. On the day of completion we realised a lot of building work going on next door that we did not know about. Soon after they had built an extension that extended several feet into their garden (taking up all of the garden, in fact) which meant that their windows overlooked our garden directly - no glazed window or anything, but clear see through windows. We were concerned about this but realised amazingly that planning permission was in place and so we simply put up with it.

Now they want us to sign an agreement for the other structure, a garage and I was just wondering, if you were in our position would you agree to it?

gauly

People in our street seem to do a deal where neighbours both sign a contract to build a garage up to the boundary (thus ending up with the garages attached to each other) so it is mutually beneficial. If you want to build a garage on the opposite side of the boundary then now would be the time to do it I guess.

If you have no intention of building up to the boundary yourselves then I can see no benefit to you in having your neighbours garage so close to your property - it could possibly affect the value of your house - why take the risk unless you are really friendly. If you don't agree then I think they have to leave a metre's gap or something like that up to the boundary?

As for the plants, the ones close by would have to be dug up and put back in again which not all plants like (I know peonies, for example, hate being moved) but otherwise it wouldn't do them any harm I should think.

Milky_Mocha

Thanks for that, gauly. I suppose we are hesitatant about refusing because we want to be on friendly terms - good relations and all that but at the same time we can't afford to lose value in our home especially in deteriorating economic times. We could well move in the next 3 to 5 years and already homes of our size don't sell as quickly as most. Apart from that we are approaching the end of our mortgage fixed rate period and are borderline 75% LTV so the slightest reduction in value will affect the rate we get etc etc.

I'll invite them for a meal and gently explain our concerns. I'm fairly sure if they put themselves in our shoes they would or should be understanding.

Ian_Griffiths_Halifax

I wouldn't invite them for a meal to explain it. If it got a bit heated, then it would be a bit awkward, and also the thought of having the evening with them may put you off saying some of the things you want to say.

I'd just have a basic sit down with them to discuss it.

Milky_Mocha

Uh-oh. Heated? I suppose so. Its not exactly news to be 'celebrated'. We'll just knock on their door.

slummymummyof3

The planning permisson that was inforce should have shown up on the searches that were performed during your purchase of the property.

Your neighbour may well need the Party Wall Act if they are building up to the boundary or within 3/6 metres of your property and their foundations are likely to be deeper than yours. How close is it to the boundary/or your house?If Party Wall Act is needed - as the A/O you may be entitled to have a surveyor paid for by the B/O whereby your property will have a 'schedule of condition' survey. Photos etc will be taken of your property and should the B/O cause damage they will have to rectify this. You cannot stop Party Wall works going ahead - the act is there to facilitate the works, but you can ensure you are protected.

lincroft1710

As garage is classed as outbuilding, then PWA does not apply. I legitimately avoided PWA (actually my architect did) by having conservatory on "party wall" side and proper extension away from wall.

slummymummyof3

I think you will find that a garage is a building and is included in the PWA. It doesn't matter what the 'building' is, if it is within 3/6 mtrs and the foundations will be deeper than the A/O's or if building to line of junction and having foundations projecting under the A/O's land.

I would request party wall notices if I were the A/O for the proposed work. Have they applied for planning permission for this latest addition?

marybishop

slummymmummyof3 is correct - that's why it's known as the Party Wall etc Act 1996, the 'etc' referring to things such as Line of Juncture, 3/6 metre notices and so on. The trouble is people try to circumvent the Act as they just see it as more cost (which it is) but it's there to try to prevent disputes arising. The RICS produce a useful guide on Party Walls which is downloadable from their website.

slummymummyof3

Also you can get useful info from www.partywallforum.co.uk