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House with neighbours side wall used as a conservatory and hall wall

wildbreed100
Posts: 24 Forumite

Hi,
I had an offer accepted on an end of terrace house (located in a mainly residential street with two businesses). It all looked ok, There is a conservatory at the back, and the conservatory side wall uses the wall of the commercial house next door. An entrance hall was build at the front which appears to use the side wall of the next door building. I just found out from the estate agent that the next door building is up for sale, and looking at the sale docs the seller is suggesting changing to a residential premises (see below). The conservatory is small and so did not have planning permission. The entrance hall also does not have planning permission. But it is like a porch (with roof). Both were build over 10 years ago. If the next door use is to be changed and they want to break down the wall (shared with the conservatory and entrance hall), will that be allowed and if so the conservatory / porch hall will be destroyed. Or would they have to leave the adjoining parts of wall up since the structures were in place so long ago. Or would a developer consider that since the adjoining building entrance hall and conservatory shares parts of the wall then it should be left up. Remember these are additions and not part of the original terrace house (i.e the entrance hall is an add on to the side where a parking space used to be).
I am concerned because the side walls are basically the neighbours walls and not the walls of the property I am purchasing. Is this something to be very worried about and enough to walk away.
Thanks for your help.
Quote from next door sale doc: We consider the site ideal for residential development and are offering an option agreement to enable a purchaser to secure an appropriate planning permission whilst the existing use remains in place.
I had an offer accepted on an end of terrace house (located in a mainly residential street with two businesses). It all looked ok, There is a conservatory at the back, and the conservatory side wall uses the wall of the commercial house next door. An entrance hall was build at the front which appears to use the side wall of the next door building. I just found out from the estate agent that the next door building is up for sale, and looking at the sale docs the seller is suggesting changing to a residential premises (see below). The conservatory is small and so did not have planning permission. The entrance hall also does not have planning permission. But it is like a porch (with roof). Both were build over 10 years ago. If the next door use is to be changed and they want to break down the wall (shared with the conservatory and entrance hall), will that be allowed and if so the conservatory / porch hall will be destroyed. Or would they have to leave the adjoining parts of wall up since the structures were in place so long ago. Or would a developer consider that since the adjoining building entrance hall and conservatory shares parts of the wall then it should be left up. Remember these are additions and not part of the original terrace house (i.e the entrance hall is an add on to the side where a parking space used to be).
I am concerned because the side walls are basically the neighbours walls and not the walls of the property I am purchasing. Is this something to be very worried about and enough to walk away.
Thanks for your help.
Quote from next door sale doc: We consider the site ideal for residential development and are offering an option agreement to enable a purchaser to secure an appropriate planning permission whilst the existing use remains in place.
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Comments
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Are these walls built on the boundary between the two properties? Or are they entirely on the land owned by the next door property?
Assuming they are on the boundary, I would imagine:
1) since the conservatory and porch are over 10 years old, lack of PP is not an issue. Section 35 of the Building Act 1984 allows a LA to take action within 12 months of completion of works. Section 36 allows action up to 2 years from completion.
2) before any works can be undertaken on a 'Party Wall' (shared by neighbours), the person undertaking the work must follow a process, deifned by the Party Wall Act.0 -
Thanks for your quick reply GM.
The wall of the porch/ hallway appear to be boundary walls. The wall of the conservatory appear to be boundary walls and to some extent appear to be terrace house side. But I know this is the wall of the building next door. I
I will have a read of the Party Wall Act. I had a quick glance through and saw a promising section along the lines of Party walls become 'legally' owned by both parties.0
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