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Party wall extension

Cat_Mum
Posts: 22 Forumite
Hi all. In 2014 we built a single storey extension within permitted development. We had a verbal agreement that it was ok to build on the party wall so the extension has a type A party wall. The fence between our properties starts at the edge of the extension and replaces a hedge which belonged to our neighbour. We are now selling and although nothing has cropped up about this in the conveyancing yet, we wanted to make sure that in the the future our neighbour can potentially build onto the extension as a type A party wall. I know the party wall act does not apply retrospectively but should we put something in writing? Any advice? Please be kind! We are aware that a verbal agreement is not worth the paper it’s not written on!
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A party wall is a party wall is a party wall. The neighbour can build on it. They should get an agreement because your buyer will be due money for sharing the wall that they paid for. The neighbour should pay half at the prevailing rate when they build.
A PWA is only valid for the duration of a build so even an old one isn't worth much. It's the job of your neighbour when they decide to build. Your solicitor could include something somewhere to say it's a party wall, but if it's a continuation of the party wall inside both houses that straddles the boundary, there's no question what it is and the Act allows for your neighbour to build off it.Everything that is supposed to be in heaven is already here on earth.
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Thank you for your reply. That makes sense. We will mention it to our solicitor in that case.0
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Good advice from Doozergirl. If the wall to your extension is built partially on your neighbour's land it is a party wall. Your neighbour would have to pay to make use of the wall if they ever wished to do so at a future date.
As you did not get an award, I wouldn't really worry about anything. What is done is done. If your neighbour wishes to raise a dispute, for example over an alleged trespass, or damage for example, your neighbour can still invoke the Act. Your neighbour can do this regardless of whether there is an award or not, and regardless as to whether notices were served (though many surveyors say that you need a notice to invoke the Act).
If you can obtain written consent form your neighbour, that would strengthen your position, as the Act refers to 'consent' on the basis that it is in writing. Verbal consent is not enough - there is case law to that affect.
Good luck!0 -
Was the wall built as a proper separating party wall or just an external wall to the extension?
Generally a standard external wall is too lightweight to achieve the necessary sound insulation. Not to mention how the roof eaves/verge has been finished. I foresee a can of worms being opened here if the neighbour does ever decide to build off the wall.0 -
Fingers crossed it is parapet wall - I tend to advise this as the best finish as it is adaptable. Lots of errors take place where a building owner can 'dominate' the wall, for example with having their roof sit on the wall or a poor gutter detail. It just depends on what was built.0
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It never ceases to amaze me how people embark on complex legal arrangements with just an informal verbal agreement. Like for instance just assuming because the wall is built astride the boundary it automatically becomes a party wall and everything is peachy.
All it takes is for the neighbour to move and the new owner realises the wall is trespassing on their property and boom...neighbour dispute leaving the OP in a very difficult position. Or the neighbour tries to build off the wall then realises they have to upgrade the wall on their side or worse cannot be built off it because of the existing roof configuration.
If people did things properly in the first place I'm sure we would have a fraction of the property and building disputes.0 -
Thanks for the advice folks.0
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