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Neighbour's overbearing extention

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  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    Jackmydad wrote: »
    Unless I had suffered considerable and inarguable financial loss, I'd be extremely loathe to go down any sort of legal or official route.


    The dispute it might well become would have to be declared if the OP decided to sell. What a great way to draw attention to the new extension and cast it in a negative light.
  • loveka
    loveka Posts: 535 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Doozergirl wrote: »
    You don't know the answer. The only work applying to the party wall is the neighbour's foundations on a semi detached house if the new wall isn't straddling the boundary as a new party wall. Once completed, there is no possibility of an injunction. In reality, there never is an opportunity as foundations on small works are complete within a couple of days.

    Damages without a PWA still need to be demonstrable and with the last litigation solicitor I dealt with costing £220 plus VAT per hour, you need considerable damages.

    This is all 'asserting one's rights' after the horse has bolted. It's bluster.

    What you have written is simply not true. The Party wall act relates to many situations, not just semi detached houses. Or perhaps that is not what you are saying?

    The answer I provided was what I was told by my solicitor. I didn't do either thing actually. The bully neighbour got his own way, caused thousands of pounds worth of damage and there is not a thing I can do now, and nothing I could have done at the time as the foundations were dug and filled whilst I was away.

    I was told that the injunction stops all building work, so you can get an agreement in place, which would cover any damage that had been done.

    The Party Wall Act is meant to protect both sides. It is actually a pointless piece of legislation as there is no punishment if you don't comply with it.
  • Doozergirl
    Doozergirl Posts: 34,076 Forumite
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    I did not say that the PWA only applied to semi detached houses. I am referring specifically to the OP and their neighbours who are semi-detached neighbours.

    As it is a new extension, not forming a new party wall, the PWA only applies to the new extension's footings if they are within three metres of, and deeper than, the OP's. It may not even apply at all to the OP.

    Once work finishes on the affected area, there is nothing you can do about getting an agreement retrospectively. No point stopping someone building a roof if the affected part is 5 metres away and already built. The point of an award is to assess condition, agree methods in order to prevent damage occuring in the first place and to award contributory costs if using someone else's wall as your own.

    If damage is caused, then it makes allowance easy as there is a proper assessment of condition beforehand. If there is no Award then you're left with taking court action at your own cost.

    I don't have extensive experience of the PWA as a surveyor, but I do have to commision drawings, structural calculations and prepare method statements for Party Wall Awards as part of my job and I do need to be able to advise clients where it applies.

    I'd rather eat my own hair than be a party wall surveyor as dealing with them is my very least favourite part of my job.
    Everything that is supposed to be in heaven is already here on earth.
  • PhilE
    PhilE Posts: 566 Forumite
    I really sympathise with what your going through.

    In England, complain and you potentially lose value on your property. Don't say anything and put up with inconsiderate neighbours who devalue your property.

    One day the UK may catch up with countries that protect the homes of their citizens and have the worlds best ecomnomies as a result.

    What I would do is build a big extention myself, together with a screen of trees that block their light, therefore adding value to my property and then I'd sell.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
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    PhilE wrote: »
    I really sympathise with what your going through.

    In England, complain and you potentially lose value on your property. Don't say anything and put up with inconsiderate neighbours who devalue your property.

    One day the UK may catch up with countries that protect the homes of their citizens and have the worlds best ecomnomies as a result.

    What I would do is build a big extention myself, together with a screen of trees that block their light, therefore adding value to my property and then I'd sell.

    Brilliant idea, you!!!8217;re unlikely to block the neighbours light and most likely not get back the cost of the extension. :T
  • Debbie_Savard
    Debbie_Savard Posts: 430 Forumite
    edited 6 April 2018 at 8:38PM
    A double-storey wrap around extension on a semi-detached is quite something!

    I assume OPs neighbours are aiming for something like this, rather dominating next door if it has just a conservatory and not a bump-out like in the pic.

    If the OP lives where a 1930s 3-bed semi is £220k, peeps will be finding ways to add sq. footage to their homes inc. bribing council staff

    c0d0dbd519911165e95d891df5d7c5ce.jpg
  • PhilE
    PhilE Posts: 566 Forumite
    Brilliant idea, you!!!8217;re unlikely to block the neighbours light and most likely not get back the cost of the extension. :T

    Well you !!!8217 trees have these tendency to block light, if you can get your !!!8217 head to remember as far back as last summer.

    If your parents got an extention on their house, it would add value. When you grow up you'll understand son.
  • Doozergirl
    Doozergirl Posts: 34,076 Forumite
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    edited 7 April 2018 at 1:16AM
    A double-storey wrap around extension on a semi-detached is quite something!

    I assume OPs neighbours are aiming for something like this, rather dominating next door if it has just a conservatory and not a bump-out like in the pic.

    If the OP lives where a 1930s 3-bed semi is £220k, peeps will be finding ways to add sq. footage to their homes inc. bribing council staff

    c0d0dbd519911165e95d891df5d7c5ce.jpg

    What utter cow poop. That is a well planned and executed extension.

    You have just posted a picture of my house and my neighbours. It could barely look any more similar. I live in the little one on the right, except we have a side extension. No rear extension. All our gardens face east, as the OP.

    Our neighbours extension doesn't really overshadow us. The sun starts leaving the garden at midday as it heads from south to west. It leaves some parts of the garden earlier than it would ifnthey had no rear extension, but it does not materially affect the amenity value of our garden and makes virtually zero affect on our back room.

    Our neighbours' neighbours, on the left of your pic have extended similarly, recently. Middle house was alarmed at the prospect but now it is built have no issue. Middle house was extended before so is a little ironic if they feel affected by the people on the left extending.

    Everyone is fine. No one is accusing people of being self obsessed. We all do what we can for ourselves and we understand that of each other.

    Us little ones on the right have planning permission for a house in the back garden. Neither neighbour has complained. It's down to the neighbours you get.

    The idea that people bribe the council at £220k is utterly proposterous. As many people as I have had to deal with in planning, none of them have ever struck me as trying to do anything but their job and your insinuation is nothing but insulting, especially given your pictorial evidence of a very typical British extension. There is no gain to be made on what are frankly insignificant residential extensions. You embarass yourself.

    Interesting to see whether you return to this thread or yet again come storming in with strong opinion and no follow up. :(. What a shame that you think £220k (around average house price nationally) is the point at which council officials deem houses valuable.
    Everything that is supposed to be in heaven is already here on earth.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
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    PhilE wrote: »

    If your parents got an extention on their house, it would add value. When you grow up you'll understand son.
    Having added an extension to a reasonably expensive semi, I can agree that it added value, but had I not received considerable help from relatives in the trade, its cost would have far exceeded that.

    The best reason for building an extension is not to 'add value,' but to have the use of it.
  • >You embarass yourself.<

    I'll get my coat :rotfl:
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