House extension dispute with neighbour

zoominov

Hi All,
We are planning to do a rear 3.5m extension , our neighbour who has done a extension x3 illegally and he parts comes into our garden, and we got a letter this morning through our door saying she opposes the extension as it will damage her property and she said in her letter "she told the cousin to hold up the extension until she appoints a surveyor"

i really don't know what to do

She also harrases us as she says i put loud music on so some advice would be appreciated.

maninthestreet

Does the extension you are planning to build require planning permission? Why have you alllowed your neighbour to build on your land??
What cousin?

Doozergirl

Are you building up to the boundary? Or within 1m? Google "Party Wall Act". She is entitled to appoint a surveyor to protect her interests in that respect.

http://www.communities.gov.uk/documents/planningandbuilding/pdf/133214.pdf

She cannot, however, object to you obtaining Planning Permission on the grounds of it her damaging her property. The planners are not interested in that element, and that is what the Party Wall Act is there for. So you can go ahead with your application without fear of her random objection, but she request that work is halted until a party wall agreement is in place. She can't stop it going ahead altogether - that won't happen.

SAK45

i don't think you need to worry at this stage. You haven't given any details, is this letter forwarded from the planning permission department. No one else objecting? Doesn't sound like they have much grounds to object if that is all the letter says.

As far as their extension is concerned, they may need to look into it if it required planning permission to begin with. You can extend upto a certain amount without permission.

Don't worry, this happens all the time. If they are not willing to discuss your application and it's implications on them then leave it upto the planning officers to deal with.

Best of luck!

zoominov

Good points

SAK45 - I got a letter through the post recorded delivery it said our proposed extension could damage her property , the council aren't involved my other neighbours haven't objected , but she said she would like the planning dept to wait til her surveyor assesses her property but he will need to access our part of the boundry so we don't have to let her or the surveyor in , he could ignore this letter and say speak to the council or our lawyer

No some of her property illegal extension filters over our garden we got a letter from the council that she has done a ilegal extension do you oppose it we had recently moved in so we didn't wana kick up a fuss , she thought we complained but we didn't ,

What ! why is she entitled to and can it halt the planning permission or what ?

thanks doozergirl i don't know how long she can halt it for until the surveyor comes and assesses the property ?

She must have sent the letter to the council aswell though and sent the 2nd letter to us and kept the 3rd copy

Doozergirl

Have you read the link I gave you?

Its due process. You're going to make huge issues for yourself if you don't co-operate on some grounds with her. If you have an architect, I suggest you ask them about the Party Wall Act, how it affects your build, indeed if it does and, if possible, deal with your part of the Party Wall Agreement or find someone that can. There are particular "surveyors" that prey on the neighbours of people with planning applications in and you need to ensure that people like that are avoided. They will absolutely have a field day if you and the neighbour aren't on talking terms. It's your responsibility to pay, so I'm afraid it's time to start negotiating like a grown up if you don't want to get fleeced.

Remember that it is you trying to build here. By being obstructive in not letting the surveyor in or involving solicitors at expense and for no good reason, you only stand to hurt yourself and your bank balance.

Had you appointed a party wall surveyor when she built her extensions, her extension wouldn't be on your land, capiche?

zoominov

Right heres a update

Our planning application has been approved we are going to the local council on monday to submit our building application and will commence work on 10th August

What if we tell the council about our problem will they give us advice

Her main problem is if we build our extension is may damage her wall can we just start work and ignore her letter

How can you put this party wall agreement in place ?

ognum

Google party wall act, you wiill find many websites explaiing the technicalities, in short she has the right to appoint a surveyor, saldly within the act you are forced to pay for her surveyor! You need to get a full set of pictures and detail as to the state of her property prior to your build. If her building is comprimised by your build you are responsible for paying for its repair.
In a previous home my neighbours dug the basement down a further foot this caused cracking to my internal party wall and other walls, they had under the party wall act pay to have the cracking repaired and my home redecorated! This is the reason why for your protection you need photographic evidence of the state of her home.
Hope this helps!

ognum

Forgot to say, the party wall act has very specific timescales, you must get the agreements signed etc and then leave set times before moving on.
If you relationship is bad with your neighbout there are companies who deal with everything but of course they cost!

zoominov

Doozergirl wrote: »

Have you read the link I gave you?

Its due process. You're going to make huge issues for yourself if you don't co-operate on some grounds with her. If you have an architect, I suggest you ask them about the Party Wall Act, how it affects your build, indeed if it does and, if possible, deal with your part of the Party Wall Agreement or find someone that can. There are particular "surveyors" that prey on the neighbours of people with planning applications in and you need to ensure that people like that are avoided. They will absolutely have a field day if you and the neighbour aren't on talking terms. It's your responsibility to pay, so I'm afraid it's time to start negotiating like a grown up if you don't want to get fleeced.

Remember that it is you trying to build here. By being obstructive in not letting the surveyor in or involving solicitors at expense and for no good reason, you only stand to hurt yourself and your bank balance.

Had you appointed a party wall surveyor when she built her extensions, her extension wouldn't be on your land, capiche?

maninthestreet wrote: »

Does the extension you are planning to build require planning permission? Why have you alllowed your neighbour to build on your land??
What cousin?

I meant council

zoominov

ognum wrote: »

Google party wall act, you wiill find many websites explaiing the technicalities, in short she has the right to appoint a surveyor, saldly within the act you are forced to pay for her surveyor! You need to get a full set of pictures and detail as to the state of her property prior to your build. If her building is comprimised by your build you are responsible for paying for its repair.
In a previous home my neighbours dug the basement down a further foot this caused cracking to my internal party wall and other walls, they had under the party wall act pay to have the cracking repaired and my home redecorated! This is the reason why for your protection you need photographic evidence of the state of her home.
Hope this helps!

So do i have to appoint a party act surveyor photograph the evidence of my side of the property send it to her ssurveyor then we will reach a agreement ?

But we are leaving a 2ft gap

so i can't start the work on my property on wednesday ?