conversion of a link detached property into semi

suneetha

Hi,
I am currently living in a link detached property , my house is linked by my neighbours garage .
My neighbour is looking to convert his garage to a kitchen elevating the ceiling with a pitched roof,this would convert my property to a semi detached property, despite my objections he has proceeded to construct without serving a notice.
I have sent a solicitors notice, he has now agreed to a surveyor for a party wall award.
I spoke to my insurance company ( Northern Rock) they have washed their hands off this matter and would not assist in the legal fees is there a possibility for me to get some help towards legal fees.
I am finding it difficult to go ahead with this neighbour in hell situation.
Thanks
Any sugessions are welcome

silvercar

provided your neighbour complied with party wall legislation and building regulations he is perfectly entitled to change a flat roof to pitched. Certainly in my area, the planning department would have no objection and not require full planning permission.

This status of linked-detached is estate-agent speak. There is no valid planning objection of snob value.

You gain in that the kitchen will be better heated than the garage, so providing better insulation for you.

olly300

I don't even know what a "link detached" is until I came to this forum. As far as I'm concerned if I was buying a house and any part of it was attached to one neighbouring house it is a "semi". The thing I would be interested in is where the attachement is to avoid noise problems i.e. not having a study next to a living room.

Your neighbour actually loses if you (or if you move the person who moves in) has a noisy hobby they use the garage for.

ab7167

from what I remember about the Party Wall Act, your neighbour is responsible for all the fees associated with appointing the surveyor. try

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

for more information

Debt_Free_Chick

suneetha wrote: »

Hi,
I am currently living in a link detached property , my house is linked by my neighbours garage .
My neighbour is looking to convert his garage to a kitchen elevating the ceiling with a pitched roof,this would convert my property to a semi detached property, despite my objections he has proceeded to construct without serving a notice.

I have sent a solicitors notice, he has now agreed to a surveyor for a party wall award.

OK - so your neighbour is now complying with the Party Wall Act - is that right?

I spoke to my insurance company ( Northern Rock) they have washed their hands off this matter

Probably because they see the only legal point as a lack of compliance with the PWA and that point has been resolved.

and would not assist in the legal fees is there a possibility for me to get some help towards legal fees.

Could you clarify what the legal fees are needed for? What action are you taking against your neighbour and what do you want the result to be?

suneetha

My neighbour has not served me with a notice, there has been no agreement for the building.
It is not as simple as bulining a pitched roof he is evevating the height of the wall with a pitched roof on top so converting our house in some thing like a terraced house.
I am not sure how legal that i
Thanks suneethas

silvercar wrote: »

provided your neighbour complied with party wall legislation and building regulations he is perfectly entitled to change a flat roof to pitched. Certainly in my area, the planning department would have no objection and not require full planning permission.

This status of linked-detached is estate-agent speak. There is no valid planning objection of snob value.

You gain in that the kitchen will be better heated than the garage, so providing better insulation for you.

suneetha

My neighbour has not served me with a notice, there has been no agreement for the building.
It is not as simple as bulining a pitched roof he is evevating the height of the wall with a pitched roof on top so converting our house in some thing like a terraced house.
I am not sure how legal that i
Thanks suneethas

Quote:

Debt_Free_Chick

suneetha wrote: »

My neighbour has not served me with a notice, there has been no agreement for the building.

It's not clear whether the matter is one covered by the PWA, but let's assume that it is (as it sounds likely to be).

He should have issued you with a notice of the work, under the Party Wall Act. He hasn't but has begun the work - what are your rights? Well, you could seek an injunction to stop further work, but that's going to cost money unless your legal expenses insurance will cover it (and it sounds like they won't, but it's not clear why).

Even if you get an injunction, that simply delays the work - the neighbour has to stop the work, comply with the PWA and then get on with the work afterwards. So you only delay - which might be why your legal expenses insurer is not intending to take the matter up. You have nothing to gain, other than buying some time whilst the legalities under the PWA are sorted out.

Anyway, he now seems to be addressing the matter of the PWA by appointing what is called the Agreed Surveyor. This MUST NOT be anyone already acting for him in connection with the work - he MUST instruct a completely separate surveyor.

Are you intending to appoint your own surveyor to advise you? You have the right to do this, if you wish, under the PWA. Your surveyor would then agree an Award, with your neighbour's surveyor. The Award is effectively a schedule of works, supervising how the work will be carried out.

Again - all you do is get the comfort of a schedule of works - you cannot prevent the work from being carried out. All you can do is get an award detailing what work will be carried out and when.

Here's a guide to the PWA. If you have not already done so, then I strongly suggest you read this carefully as it fully explains your rights.

It is not as simple as bulining a pitched roof he is evevating the height of the wall with a pitched roof on top so converting our house in some thing like a terraced house.
I am not sure how legal that i
Thanks suneethas

If he has Planning Permission, then that's the end of the matter. It's his property and, provided the planners have approved it, that's that.

Do you know whether he applied for and got Planning consent?

suneetha

If you see the diagram 4 in the PWA booklet that is what the house is except with a flat roof the wall above the garage is not a common wall is it still possible to increase the level of the wall with a pitched roof .
Even if he has planning permission what if I object as it could affect the value of my house, If I had bought a similar house which is semi i would probably be paying about 15 ,000£ lesser.
I dont find this fair
Thanks

Suneetha

Debt_Free_Chick wrote: »

It's not clear whether the matter is one covered by the PWA, but let's assume that it is (as it sounds likely to be).

He should have issued you with a notice of the work, under the Party Wall Act. He hasn't but has begun the work - what are your rights? Well, you could seek an injunction to stop further work, but that's going to cost money unless your legal expenses insurance will cover it (and it sounds like they won't, but it's not clear why).

Even if you get an injunction, that simply delays the work - the neighbour has to stop the work, comply with the PWA and then get on with the work afterwards. So you only delay - which might be why your legal expenses insurer is not intending to take the matter up. You have nothing to gain, other than buying some time whilst the legalities under the PWA are sorted out.

Anyway, he now seems to be addressing the matter of the PWA by appointing what is called the Agreed Surveyor. This MUST NOT be anyone already acting for him in connection with the work - he MUST instruct a completely separate surveyor.

Are you intending to appoint your own surveyor to advise you? You have the right to do this, if you wish, under the PWA. Your surveyor would then agree an Award, with your neighbour's surveyor. The Award is effectively a schedule of works, supervising how the work will be carried out.

Again - all you do is get the comfort of a schedule of works - you cannot prevent the work from being carried out. All you can do is get an award detailing what work will be carried out and when.

Here's a guide to the PWA. If you have not already done so, then I strongly suggest you read this carefully as it fully explains your rights.



If he has Planning Permission, then that's the end of the matter. It's his property and, provided the planners have approved it, that's that.

Do you know whether he applied for and got Planning consent?

suneetha

If you see the diagram 4 in the PWA booklet that is what the house is except with a flat roof the wall above the garage is not a common wall is it still possible to increase the level of the wall with a pitched roof .
Even if he has planning permission what if I object as it could affect the value of my house, If I had bought a similar house which is semi i would probably be paying about 15 ,000£ lesser.
I dont find this fair
Thanks

Suneetha

GabbaGabbaHey

suneetha wrote: »

Even if he has planning permission what if I object

It's too late for you to object. You will have had an opportunity to do so as part of the planning process. It sounds as if you have missed that opportunity (and anyway, as others have pointed out, it doesn't really look as if you would have had a valid basis for objecting.)