Single garage in block of two, knock our half down?

Sadie23

Morning,


We have had an offer accepted on a house (yay!) and the property has a single garage in a block of two which either side is in own boundary. We are hoping to knock down our side (and of course make good our neighbours) but before we go ahead and explore this avenue I wanted to see if anyone had any experience of doing this? What people know about the party wall act...




We will look to obtain planning permission to build a slightly larger detached garage about 30 foot behind the original into our garden to allow for more parking, so not just ridding ourselves of a garage.


TIA

Furts

You need to check with Planning regarding the demolition. You also have obligations under the Buildings Regulations. Whilst you could argue the garage is exempt, depending on construction and location which only you know, the principles still remain valid.

Once you have sorted those two, you need to consider the neighbouring garage. They may object to your demolition. You have not said what construction, or roof detail applies, but structural stability and weatherproofing are two key issues. My stance is the neighbour would be reasonable in expecting you to finance a Structural Engineer &/or Architect to get a report on this. They would also be reasonable expecting the costs of inspection and signing off of all remedial works.

Sadie23

Furts wrote: »

You need to check with Planning regarding the demolition. You also have obligations under the Buildings Regulations. Whilst you could argue the garage is exempt, depending on construction and location which only you know, the principles still remain valid.

Once you have sorted those two, you need to consider the neighbouring garage. They may object to your demolition. You have not said what construction, or roof detail applies, but structural stability and weatherproofing are two key issues. My stance is the neighbour would be reasonable in expecting you to finance a Structural Engineer &/or Architect to get a report on this. They would also be reasonable expecting the costs of inspection and signing off of all remedial works.

Thanks for your reply, the construction is brick with flat roof. We understand with flat roof that we may just need to replace for them completely as cutting off half isn't practical.


Totally agree with costs lying with us, wouldn't expect otherwise.

warby68

Neighbours may object to the project full stop.

Presumably there is some kind of 'symmetry' to the current arrangement with a pair of garages between two houses. They might end up with a rather odd looking chopped off bit.

Jackmydad

Never been in a situation like that, but might it be an idea to speak to the next door neighbour before completion? If they are dead set against you doing this it could cause all sorts of ill feeling in the future.

Lacuna

The wall between the two garages will be a party wall by definition under the Party Wall etc, Act 1996 - copy downloadable on the internet. If the garages were built as a pair, both owners will have equal rights over it. S2(2) of the Act lists works that you are legally entitled to carry out to such a wall - raising, thickening, underpinning, demolishing and rebuilding etc. Your neighbour cannot stop you doing any of these works but may raise objections to the the time and manner of them being done. You will be liable for any making good required as a result of carrying out those works i.e. the wall and roof junctions etc.

You will need to serve notice for any relevant works (including weathering the now exposed party wall - s2(2)(n)), at least two months before you intend to start work. If you don't, next door could take out an injunction to stop you. If they consent in writing to what you want to do you can crack on with the works. If they dissent (object), you and they have to appoint a surveyor - either one jointly or one each who will draw up an Award. All the surveyors fees will be down to you. This can be costly so it is in your interest do all you can to persuade your neighbour to consent.

If the foundations to your proposed new garage are deeper than those of any building or structure on your neighbours land within 3m of your excavation, you will have to serve a s6 notice also and the same consent/dissent provisions apply. If your new garage is being built tight to the boundary, you will need to serve notice under s1(5) - different criteria apply and you don't require their consent but they can still dissent on specific grounds.

Those are the basics anyway. It can get a whole lot more complicated. If you need to apply for planning permission you may find your neighbour receives letters from party wall surveyors touting for business. To avoid them appointing one of those, talk through your proposals with next door first. Also S8 of the Act gives you rights of entry on to next doors land in order to carry out Party Wall Act related works - best to talk that through as well but without alienating them. If in doubt take professional advice from a surveyor well versed in the Act.

Sadie23

Lacuna wrote: »

The wall between the two garages will be a party wall by definition under the Party Wall etc, Act 1996 - copy downloadable on the internet. If the garages were built as a pair, both owners will have equal rights over it. S2(2) of the Act lists works that you are legally entitled to carry out to such a wall - raising, thickening, underpinning, demolishing and rebuilding etc. Your neighbour cannot stop you doing any of these works but may raise objections to the the time and manner of them being done. You will be liable for any making good required as a result of carrying out those works i.e. the wall and roof junctions etc.

You will need to serve notice for any relevant works (including weathering the now exposed party wall - s2(2)(n)), at least two months before you intend to start work. If you don't, next door could take out an injunction to stop you. If they consent in writing to what you want to do you can crack on with the works. If they dissent (object), you and they have to appoint a surveyor - either one jointly or one each who will draw up an Award. All the surveyors fees will be down to you. This can be costly so it is in your interest do all you can to persuade your neighbour to consent.

If the foundations to your proposed new garage are deeper than those of any building or structure on your neighbours land within 3m of your excavation, you will have to serve a s6 notice also and the same consent/dissent provisions apply. If your new garage is being built tight to the boundary, you will need to serve notice under s1(5) - different criteria apply and you don't require their consent but they can still dissent on specific grounds.

Those are the basics anyway. It can get a whole lot more complicated. If you need to apply for planning permission you may find your neighbour receives letters from party wall surveyors touting for business. To avoid them appointing one of those, talk through your proposals with next door first. Also S8 of the Act gives you rights of entry on to next doors land in order to carry out Party Wall Act related works - best to talk that through as well but without alienating them. If in doubt take professional advice from a surveyor well versed in the Act.

Thank you, this has confirmed what I had read on the internet but didn't know if applied to me. Yes the garages were built in a pair. I would hope there would be no objection but we will discuss with the neighbours prior to submitting anything, and we are not rebuilding right next the original so wouldn't affect their garage aesthetically.


Property wise is it a benefit to having a detached garage opposed to semi-detached as such?