Party Wall and Neighbour's Loft Extension

Tim1965

:jHi

Can someone please advise as we are getting a bit bewildered...:eek:

My elderly uncle's neighbours have just commenced a loft conversion of their property, he lives in a terrace. He has a fairly good relationship with them and duly agreed to sign their PWA.

Uncle is a little concerned in case his neighbours should build the cheek of the proposed dormer loft conversion right onto the Party Wall itself, he has been reading stories whereby other people have suffered encroachment and is just a bit concerned about this to say the least (understandably.)

Does anyone please know of what happens with loft conversions, we have read on other sites that it is better if people develope flush to or slghtly away from the party wall and not directly upon it to enable uncle or (anyone else who owns his property) to convert his loft at a later date likewise.:)

Any feedback or advise would be gratefully received indeed.
Cheers!:beer:

Doozergirl

If he's signed an agreement, he should have details. If his questions aren't answered, what has he signed?

You haven't explained what kind of conversion it is. I'm presuming some kind of dormer - possibly a full width one.

Conversely, the best way for the next door neighbours to build a similar extension is exactly for the party wall to be extended and shared, just like it is on the main house. Building on the party wall is not encroachment. I'm not sure why people are so keen to treat attached houses like detached ones when it comes to extensions.

It makes sense, both for the structural integrity and the ultimately shared cost between houses.

Tim1965

Cheers for that, we are reading so much very contradictory advice, hopefully you are correct!:beer:

Surely the whole point of the Party Wall Act gives people the right to cut, raise or whatever into it but but does not legally convey or entitle any ownership of it.

We did read that they were legally allowed to develope only halfe way across it as nobody actually owns all of it (only halfe way across it) which stands to reason really, common law and all that.

I have read of cases where people have developed along the party wall only to place their flashing onto the roof of their neighbouring houses.

Now that really is legal encroachment...:mad:

Furthermore, I have read that where adjoining neighbours to existing dormer cheeks built along the party wall have been advised that when they also wish to develope (at a later date) and serve their PWA, that they can legally and literally cut into/raise/demolish/rebuld/modernise the existing dormer cheek built along the party wall (and obviously renumerate financially their neighbours, the owners of the existing dormer cheek) as they have just as much legal right to develope the party wall as their neighbours! This, I guess, applies to anything constructed along the boundary line between properties on any level, ground or loft.

I.e. they will have to pay their neighbours "Party Wall Enclosure Costs."

I read this interesting link which I found very useful and informative which just might help others with the same issue:

https://www.blsurveyors.com/party-wall-agreement-questions-answers-raising-a-party-wall-in-timber/

Personally, if it was me, I would build my dormer cheek with a space between it and the party wall so as to allow my neighbours to do the same the other side of the party wall.:T

Any other advice anyone?:j

G_M

Appoint a Party Wall Surveyor.


That's what the Party Wall Act is there for!


https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance

Tim1965

Naturally!