Party wall question

srm1

Hi,
Recent work on a loft conversion next door has highlited a number of issues;-
No written notification from the council to allow objection.
No notification whatsoever by my neighbour.
Only a builders request for entry into my loft to knock holes through the party wall to support steel beams started the alarm bells ringing.

I contacted building control who advised that plans had not been submitted & duly stopped the work & advised that I should appoint a party wall surveyor.

Not to bore you too much, plans were aproved by building control and a pw agreement / award was drawn up listing detailed work.
Work started and I soon found the plans and work detailed in the party wall agreement bore no resemblence to the the actual work being done.
I now have an 9 foot raised party wall through the roof line supporting the end of a most monstous huge gable end of a full length dormer extension.
The outside edge on my side of the building line as it forms the party wall?
At no point was I advised of or this work listed anywhere.

This absolutely dwarfs my roof & I have no idea how this will affect the value or for that matter the salability of my property in the future.

I'm waiting feedback from the party wall surveyor, however after contacting just about everyone, I'm getting lost for ideas?

Any suggestions?

Thanks.

illzlee

were you consulted about the planning application? if ever you receive chance to view some plans, view them. A dormer the size you suggest should need planning permission, and by the sounds of it the work work deviates from the Building regs application too? Ring the council...

srm1

Thanks,
I have viewed the plans which were approved by planning permission.
The work bears no resemblence to them as the dormer is 25% larger.
The work bears no resemblence the the amended plans by the 'Agreed' party wall surveyor or the work listed in detail in the party wall award documents. The pw agreement was drawn up only a month ago.

I'm waiting for replys from the council & surveyor - but being a BH weekend maybe things will happen tomorrow.

So the building work continues - so frustrating!

Rgds.

macman

Two different issues here, one of building control (did they sign off the structural work while in progress?), and one of breach of planning permission. Don't confuse the two, as they are really separate issues.
I would get hold of the owners as a matter of priority and voice your concerns, or preferably put it in writing by recorded delivery, possibly that will stop further work. But it sounds like they're hoping that if they get it finished then no-one will do anything after the event. No doubt you will prove them wrong.

waveyjane

Also bear in mind that while the dormer might look big, if the property has not been extended anywhere else then they're likely to be able to build a construction of 50 cubic metres without planning permission (ie it might be within their "permitted rights" - best research that before you go firing off anything too strong).

Buildings regs are another matter though as macman points out.

Good luck though - it must be hellish for you.

srm1

Thanks to all.
First lesson must be do not email the council.
A couple of call have produced more positive results.
I will be more forthcoming when/if the time is more appropriate.

Another question if I may?

Would I be correct in thinking that when building the rear wall of a loft dormer, the new construction must be inset by at least 20cm from the properties 2nd floor rear wall - to prevent it from looking like a 3 story building?

Thanks.

planning_officer

Are you sure a planning application was submitted? Whilst this obviously needs building regulations (and you have seen those plans) - did it actually need planning permission? I assume this dormer is on the rear of the building (two entirely different things)? Unless you're in a National Park, AONB or conservation area, then you would be surprised at the size of dormer window that can be constructed under permitted development (i.e. not requiring a planning application). To my mind, it's one of the flaws of the permitted development system - people can still build hideous large dormers without needing to submit a planning application. And yes, to be permitted development, then the dormer needs to be at least 20cm from the eaves, when measured along the plane of the roof.

srm1

Hi,
It was a lawful development certificate granted in 2005 not planning permission.
The work started without building regulations having seen any plans.
Building regulations now have the plans.
I intend to ask to see these plans at the earliest opertunity.

The rear dormer wall has been built directly onto the existing rear wall making it look like a 3 story building.
The new dormer gable end [c 2.8 meters high] built onto the party wall without any indication in the Party wall agreement, notification or consultation.

Correspondence is ongoing.

Rgds....

planning_officer

If the edge of the dormer comes off the rear wall and is not set back at least 20cm along the plane of the roof then it will definitely require planning permission. The lawful development certificate has no relevance now - as it may have been permitted development when it was granted, but as it is being built now, it's the current legislation that matters. As you may well know, permitted development changed on 1 Oct 2008, and that's when the requirement for a roof extension to be inset by 20cm came into force.

Sounds like it definitely requires planning permission and I would contact the Council's Planning Enforcement team, as Building Control may well not notify them - they are only concerned with the safety aspects of the proposal.

slummymummyof3

I would also contact the Party Wall Surveyor as a matter of urgency and ask for a site visit. The award sounds like it was drawn up for alternative works to those you have specified above. Therefore, it might be necessary for the 'third' surveyor to be called in as well.

srm1

A quick update.
The 20 cm offset from the eves is not required as long as the eves remain.
They will have to be rebuilt to overcome this so you can build upwards from the flank wall.
I'm still undecided if to seek a second surveyor or solicitor now.
I have written to RICS regarding this issue.
Planning enforcement are also involved.
If you view the local planning applications - most relate to pruning stupid trees.
Unbelievable situation to be in!!!!!

It doesn't end here.

Cheers now,