Concrete Garage

Mishty1971

Hi, I'm looking for some advice on the removal of our concrete sectional garage. The garage is twinned with one of our neighbour's and we have advised her of our intention to remove our part (back and side walls, beams that support our corrugated roof), however, she seems to be making things very awkward for us. We have every intention of making her remaining garage structure solid, even to the point that we are going to bolt the outer wall that we remove from our garage and attach it to the internal wall that joins the garages. However she is saying that she wants it in writing that if anything was to happen to the garage in the future we would be liable. I get that she needs to ensure her properties are safe but they are old garages and a bad storm could easily cause damage,, which I am assuming she could then make us liable for. She's also seeked legal advice and written a letter stating that we need planning permission and need to put up an intention of works notice before we can proceed!!
Anyone have any advice or has been through something similar?

EachPenny

Mishty1971 wrote: »

Hi, I'm looking for some advice on the removal of our concrete sectional garage. The garage is twinned with one of our neighbour's and we have advised her of our intention to remove our part (back and side walls, beams that support our corrugated roof), however, she seems to be making things very awkward for us. We have every intention of making her remaining garage structure solid, even to the point that we are going to bolt the outer wall that we remove from our garage and attach it to the internal wall that joins the garages. However she is saying that she wants it in writing that if anything was to happen to the garage in the future we would be liable. I get that she needs to ensure her properties are safe but they are old garages and a bad storm could easily cause damage,, which I am assuming she could then make us liable for. She's also seeked legal advice and written a letter stating that we need planning permission and need to put up an intention of works notice before we can proceed!!
Anyone have any advice or has been through something similar?

If you are carrying out work which could affect a building on your neighbour's property then you have an obligation to ensure your work doesn't cause a negative impact. For example, you cannot remove a means of structural support without putting a replacement in place, and couldn't compromise the weatherproofing.

In my opinion it would be reasonable for her to ask for something in writing from you accepting liability in relation to the work you are doing (including any long-term effect) but that liability shouldn't go beyond what you are in control of.

For example, if a storm blows her roof off because your work left it improperly secured then that might be a reasonable claim, but it would be unreasonable for her to hold you liable if a tree on her land is blown onto the garage and damages the roof.

Just because they are old it doesn't automatically follow that a storm could cause damage, the question is whether they are defective. Sometimes brand new buildings fail in storms.

On the planning question it would be unusual to require planning consent for demolishing a sectional garage, but it may be necessary in some circumstances. For example if it affects a listed building, or if there are conditions on the original planning consent for the house requiring the provision of a garage. If you have a reasonable relationship with the neighbour it might be worth asking about the basis of her assertion you need to obtain planning consent. If not, then contact your local council's planning department and ask them.

bris

Isn't a concrete garage just classed as an outbuilding? Do you even need planning to take it down and make good. I would speak to planning for their views before promising the neighbour anything.

steve-henderson

I would request sound advice from a contractor or surveyor that has experience in this field! We've had a similar issue with our garage however we put our trust in the guys we hired & they were fairly certain no planning permission had to be acquired. Like above, your local council is your best bet since they'll be able to advise you on the actual R&R with this type of thing.

Mishty1971

The local council have advised that no planning permiision is required to remove our part of the garage. She did send a letter stating we had to put up a party wall notice, however we are not removing or making any changes to the party wall! We have advised her of our intention to proceed and have assured her that we will weather proof the exposed internal wall, we have even agreed to give her access to our garden should she ever need to carry out maintennace on the back wall to her garage. Fingers crossed this will make her happy and we can all live in peace

Davesnave

Mishty1971 wrote: »

we have even agreed to give her access to our garden should she ever need to carry out maintennace on the back wall to her garage. Fingers crossed this will make her happy and we can all live in peace

That was good of you, but she already had that right under the Access to Neighbouring Land Act.


No, of course she won't be happy, but sometimes you just have to upset people in order to do what needs to be done. If you give in, they're likely to come back with more demands or make a fuss about something else.