Extended Party wall extension with overhanging soffitt

moneytorques

I am mid way through an Extension permitted through the LA application.
Ive built up on top of the Garage which involved continuing up the dividing Party Wall through next doors garage to the 1st Floor.
Recently we fitted the Soffits hiding the eaves of a vaulted ceiling on the Gable end, my neighbour has now asked us to remove these as they overhang the Gable 150mm and they will cause problems when either comes to sell up.
These are in keeping with the Soffits across the development and look neat and tidy.
To adjust these now is major work the roof line would need changing as there is a hipped section of the roof to the rear.

They did not object to the plans, the party wall agreement mentioned the plans and they were accepted in October 2018.

What are my options and risks?

Thanks

Ms_Chocaholic

I'm no expert but if the finished extension is in line with the planning consent (not sure what you mean by "permitted through the LA application") then the neighbour can't complain.

moneytorques

Ms_Chocaholic wrote: »

I'm no expert but if the finished extension is in line with the planning consent (not sure what you mean by "permitted through the LA application") then the neighbour can't complain.

Thank you, I should have worded that better, its a Permitted application Approved by our Local Authority.
Our neighbour is saying its an airspace trespass

unforeseen

Your neighbour is right. You have no right to extend any of your extension over the boundary onto or above his land. Your design was wrong to expect that you can build across the boundary.

You should have designed to keep your building within your land.

Doozergirl

Ms_Chocaholic wrote: »

I'm no expert but if the finished extension is in line with the planning consent (not sure what you mean by "permitted through the LA application") then the neighbour can't complain.

That's wrong. The planners don't care who owns the land, but it doesn't mean you can build on, or over other people's land.

OP, do you have a picture?

There are many ways to build that don't involve building on your neighbour's side of a party wall. Namely, you should have built a parapet wall which allows them to attach an extension to that side in the future.

You've got some backtracking to do. You should have sought proper advice from a party wall surveyor if your architect isn't clever enough to spot a party wall.


Did you have a party wall agreement?

moneytorques

https://ibb.co/8MTDw1Y

Yes we have a party wall agreement which mentioned nothing about this.

Isnt this a trivial trespass that realistically isnt worth pursuing?
The neighbours would never mirror this as they have a double detached garage.

Aylesbury_Duck

It doesn't matter how trivial it is, your neighbours are correct, you are trespassing into their "property" with the overhang. They are entitled to insist you to remove the overhang.

You could try ignoring their objection but if they pursue it, you will have no choice but to re-profile your roof to keep all of it on your side of the boundary. I suspect it will be cheaper to redo it now than to spend money fighting it and putting it right later. I'm afraid it makes no difference what they may or may not do with the garage in the future, they are still correct. It's their "land".

There have been similar posts on here before with people having plumbing work, drains and boiler flues projecting from a boundary wall onto a neighbour's land. In the end, where the neighbour has insisted, they've had to redo the work. It's a simple black and white matter, there isn't a tolerance where something is considered trivial or not.

Doozergirl

Speak to your roofers now about changing the gable end so nothing protrudes.

It can be done by pointing in under the tiles instead.

This is your problem, fix it.

moneytorques

People stating its a problem but what is the physical loss?
What happens when they come to sell, people take it or leave it.
Redoing the roof is going to be costly as the hipped end needs a gutter!
Why wait until something is built before complaining its been in plain sight for discussion for over 1 year.

Mojisola

moneytorques wrote: »

People stating its a problem but what is the physical loss?
What happens when they come to sell, people take it or leave it.
Redoing the roof is going to be costly as the hipped end needs a gutter!
Why wait until something is built before complaining its been in plain sight for discussion for over 1 year.

Why design an extension that intrudes into you neighbours' space?

Aylesbury_Duck

moneytorques wrote: »

People stating its a problem but what is the physical loss?
What happens when they come to sell, people take it or leave it.
Redoing the roof is going to be costly as the hipped end needs a gutter!
Why wait until something is built before complaining its been in plain sight for discussion for over 1 year.

You can try and rationalise it all you like, it doesn't change the fact that your neighbour is correct and can insist you redesign it. If you choose not to, you may face legal action now or later and will lose. The fact that your neighbour has used the term "airspace trespass" suggests they are reasonably knowledgeable. That suggests to me that they won't let it go unchallenged.

I'm afraid that blaming your neighbour for not speaking up sooner is misplaced. You have made the mistake with your design.