Neighbours greenhouse base interfering with my building

WLM21

I have to get a garage rebuilt due to movement of the walls (subsidence) and note a house owner, living behind the garage has built a lean to greenhouse joining to the back of the garage.

What's more, there is a concrete base, poured up to the side of my wall.

I shall be removing the existing foundation to rebuild everything, so is the added expense of having to break through his concete just my bad luck.

Is there no minimum distance for buildings being placed away from boundary lines ?

ukjoel

Lol - Well if his backs on to yours your both as guilty as each other. Either that or one of you has built on the others land. He could argue he just put up a temporary structure but not sure you could argue the same point.

Hyphae

The Party Wall Act 1996 applies here!

Technically, you can't touch his concrete base if it is up to the boundary line. Afterall, your garage foundations do exactly the same (they go right up to the concrete base of his glasshouse). You should definitely talk with you neighbour regarding your intentions and get written permission from him/her to do so. This will prevent any potential future legal disputes.

The previous poster is quite correct; greenhouse would be classed as temporary but your garage won't be.

Be aware that the Party Wall Act 1996 will be enforcable in this case:

'The general principle of the Party Wall Act is that all work which might have an effect upon the structural strength or support function of the party wall or might cause damage to the neighbouring side of the wall must be notified.'

You have a clear situation involving a Party Wall!

'A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it. '

Read advice given various websites on how to notify of work involving party walls.

Hintza

Hyphae wrote: »

You have a clear situation involving a Party Wall!

'A wall which is common to two (or more) properties, this includes where someone built a wall and a neighbour subsequent built something butting up to it. '

Read advice given various websites on how to notify of work involving party walls.

Not if the wall is wholly on the OPs side of the boundary. Better get those deeds out P and start doing your homework on this.

Have you had a chat with your neighbour, you never know he might realise that he is in the wrong and move the greenhouse. Stay calm though this has the potential to get very tricky.

Hyphae

It could indeed get tricky, especially if when the greenhouse base was built there was no objection. By default, the garage wall has become in effect the party wall...even if it abuts the boundary line, it will still be classed as a party wall.

The guy with the greenhouse is not in the wrong. The only thing he did not do was give notification of laying his greenhouse base (which would no doubt be classed as a temporary structure so not legally required to give notice). The lack of a legal objection to the greenhouse doesn't help. If both structures go to the boundary line, then full notice etc is required to do work on the garage. If the base of the greenhouse crosses the boundary line, then it could also get tricky if its older than 12 years...

Talk to your neighbour- it always should be the first thing neighbours do!

WLM21

Hyphae wrote: »

It could indeed get tricky, especially if when the greenhouse base was built there was no objection.

The garage is really my father's but he has Alzheimer's now, so I have Enduring Power of Attorney to help.

The garage is not next to my father's house .. he bought it well over 30 years, for my mother's car.

The owner of the greenhouse has a large garden behind it, but would have had no idea who owns the garage. Although his garden is very large, he has decided to built a lean to against the rear wall of the garage, facing east, rather than on his house, which would face north

Nobody would have known it was there ... it was only because I was on the roof, making a temporary fix to the roof of the garage as it was leaking, that I saw it. I hadn't been in the garage, for probably 20 years, but when clearing it out, noticed the leak, which was why I was on the roof.

The greenhouse looks quite new ... and certainly has been erected since dad bought the garage

Hyphae

It doesn't matter if the garage is by your father's house or not! It just matters that he owns it, and that it acts as a party wall by definition (this applies to fences etc also). The owner of the garden next to the garage is entitled to erect temp structures in his garden. If you damage said structures due to removing the party wall/foundations etc, he is entitled to ask for damages and make you put it back how it was (make good). You really need to talk with him about your plans and get agreement (always useful to do things correctly and give written notification etc, and get a response in writing).

Mojisola

Hyphae wrote: »

It doesn't matter if the garage is by your father's house or not! It just matters that he owns it, and that it acts as a party wall by definition (this applies to fences etc also). The owner of the garden next to the garage is entitled to erect temp structures in his garden. If you damage said structures due to removing the party wall/foundations etc, he is entitled to ask for damages and make you put it back how it was (make good). You really need to talk with him about your plans and get agreement (always useful to do things correctly and give written notification etc, and get a response in writing).

But he's not allowed to make use of someone else's wall to support it!

WLM21

Thank you for all the useful information.

It seems it might be trickier than I thought to get this sorted, but I suppose i better contact the greenhouse owner earlier, rather than later.

He might be a very nice chap ... and everything works out perfect. (fingers crossed)

He might refuse to move the structure ... Am I then stuck ? with a garage I can not use, in case the roof collapses with the movement

Hyphae

Mojisola wrote: »

But he's not allowed to make use of someone else's wall to support it!

Actually, if it's acting like a party wall he is

Plus the fact that there were no objections when it was first done doesn't help!

Dialogue will no doubt solve this issue for the best

keystone

Hyphae wrote: »

It just matters that he owns it, and that it acts as a party wall by definition

What does that mean? Either it is or it isn't.

.....this applies to fences etc also.

Rubbish.

The owner of the garden next to the garage is entitled to erect temp structures in his garden. If you damage said structures due to removing the party wall/foundations etc,

How would that apply if the owner of the temporary structure had committed a trespass in the first instance by erecting said structure and said structure was committing a trespass by being there.

You really need to talk with him about your plans and get agreement (always useful to do things correctly and give written notification etc, and get a response in writing).

PWA isn't retrospective and theres no penalty if notice hasn't been served prior to work commencing.

Cheers