Advice needed -potential neighbour dispute!

sg0102

Hi there

We have recently moved into a property - sold through probate - which has a few weird and wonderful building designs.

One of which has our extension downstairs attached to the garage of our next door neighbours through the roof felting ( i think to prevent water falling down between the two)

Now, next door also has new owners (as of last week) and one of the first things they plan to do is to knock said garage down to make way for a downstairs extension themselves.

I am yet to get into the ins and outs of it with them, but there will undoubtedly be an impact on our roof, and would like to understand our legal position on this - who ultimately is responsible for repairing any damage caused?

Theoretically the garage is a free standing structure, so they are entitled to remove at their will - but as a consequence our extension roof will be impacted.

Clearly I want to avoid a fall out with our new neighbours, particularly so early on - but feel like I need to know where we stand just in case they take a different stance on this.

(i'm trying to insert images but it isn't working - so any advice on this would be greatly received).

Many Thanks
Steve

cootuk

They will have to have a Party Wall agreement with you for the work.
You should have an agreement that they make good the edging to your side to ensure it's weatherproofed.

sg0102

Thanks for the swift reply.

The extension was build over 30 years ago - and we didn't come across that document in our buying process...but will ask if they did?

It may well be that they plan to make good...just want to understand our position in case they don't!!

Steve

Doozergirl

If they're building an extension then you should look at the plans for that first, decide how yours needs to be redesigned to accommodate.
If they are using your wall for their extension then it would almost certainly fall to them.

Usually, with a party wall, the person causing the damage needs to rectify it. It's not entirely clear whether this is a party wall. Is your extension right on the boundary?

In the same situation, I'd also consider what was there first. It siunds like there's been a bit of a bodge on the part of the householders who built the latest addition. If that's your side, then I would feel responsible.

You can insert images by uploading them to a website like Photobucket. Then you can copy and paste the [\IMG] code. Sounds more complicated than it is.

Doozergirl

The party wall agreement would be a new one. There's no need to go looking for an old one. It would be useless for this build.

I feel uncomfotable about the wording of 'potential dispute'. I'm a great believer that if you expect something to happen, it will. It will, because you make it.

For the sake of peace and years of potential friendship with the neighbours, and the fact that it won't be an expensive job for you if your house ends up detached from theirs, I would simply prepare to pay for it myself. Your house will be worth more anyway, hopefully!

sg0102

Thanks. I now understand what a party wall agreement is!

I absolutely agree in principle doozergirl - but depends how inexpensive it is...we are skint !

I'll sort the pics out to add context!

warmhands.coldheart

You say

sg0102 wrote: »

..... our extension downstairs attached to the garage of our next door neighbours through the roof felting ( i think to prevent water falling down between the two)

So it is your house that is attached to theirs... correct me if I'm wrong?? So in theory why should they pay for any work when taking down their wall.? I think you are looking at this very much in a confrontational way.

Prothet_of_Doom

My in laws recently had thier dozy next door neighbour apply for planning which would have taken their garage wall down and replaced it with a 2 storey extention.

Brother in law pointed out that a) the wall belongs to him, and the boundary is 3 inches the other side of the wall, and b) there is no b. how can you apply for planning permission which builds on someone elsed land ?

Alter_ego

Prothet_of_Doom wrote: »

how can you apply for planning permission which builds on someone elsed land ?

You don't have to own land to apply for planning permission to build on it.

2013yearofthehouse

A friend had their neighbour apply for planning permission to extend their garage up to a second storey. The garages of my friend and their neighbour were joined by a party wall and the plans they submitted showed they wanted to build the new second storey wall on my friend's garage roof (to increase the space) instead of extending the party wall up. When my friend went to the planning department for advice, they said that as silly as it sounds (they themselves think it's silly) anyone can apply for planning for anything including (the planning officer's example) an extension entirely on your neighbour's land! They actually got permission granted, including a window in the wall that was on my friend's roof that didn't even exist in the planning application (the drawings were badly drawn, so I guess a couple of lines that weren't really a window were mistook as a window!). My friend had to wait until the party wall agreement stage to get it all sorted through a surveyor instead.

sg0102

Thanks all for the advice.

Really not meaning to be confrontational at all - really want the opposite!

Just nervous of any impact, and like to be forearmed with all the information if it is required at all. Will be approaching it in a completely amicable manner - as would like a good friendship with these guys!!

Photos below (hopefully)

http://s1279.photobucket.com/user/sg0102/media/IMG_2805_zps8141d2dc.jpg.html#/user/sg0102/media/IMG_2805_zps8141d2dc.jpg.html?&_suid=137890404064601469939236105376

http://s1279.photobucket.com/user/sg0102/media/IMG_2801_zps09ad6cf8.jpg.html?sort=3&o=4#/user/sg0102/media/IMG_2801_zps09ad6cf8.jpg.html?sort=3&o=4&_suid=13789040878340798417696229631