Boundary wall dispute

justintime99

Neighbour got planning approval for an extension which would be entirely within their land, leaving ~100mm gap between the new wall and the existing garden wall. I believe the boundary is the centre of the boundary wall. Work started and the the outer leaf of the new wall is now partially on the garden wall. The wall was 2155mm from their existing kitchen wall, rather than the 1900mm on the plans approved by the council ie 155mm bigger. The existing plan includes a 100mm gutter, so it would definitely go into my airspace.
I got planning involved and the neighbour is having to submit new plans for approval.

My main concern is not the potential inch or 2 of trespass into my airspace, but the implications on the garden wall now being part of a house structure, ability of me to build an extension and resale value.
Any advice welcome

JimmyChanga

Is this neighbour to your side or backing on to you?

justintime99

he is to the side. Mid-Terrace house

Doozergirl

This should have been a party wall issue from the start. The planners won't care for 155mm.

You needed a party wall agreement and therefore a party wall surveyor. Going to the planning office was near pointless.

Is the wall up now, or not?

Ideally they replace the boundary wall wit a new party wall that forms their extension wall AND will form the wall of your extension, if and when it is ever built. The roof can be designed so that there is no overhang. That would usually involve a parapet wall , making it exceptionally easy for you to build off and giving you both maximum room inside the respective extensions.

JimmyChanga

he is to the side. Mid-Terrace house

Surprised the guttering would be to your side then.

justintime99

There was a party wall agreement. signed on the day he started work. It stipulated the work would be in-accordance with the plan approved by the council. I saw no issue with this as it would not have touched the party wall so did not get surveyors involved. .My 1st mistake!

justintime99

Both houses have a kind of L shape at the back where the kitchen/bathroom stick out. He is filling in his "gap". Planning forced them to slope the roof towards the boundary line to avoid light loss to my property. Yes the wall is up, roof not started yet.

Doozergirl

So they haven't built to your party wall agreement, which just sounds like something they quickly knocked up. It might be too late but I suggest you speak to a party wall surveyor thing on Monday.

This doesn't really come up that often but it really is a good idea to take considered advice and use the party wall rather than have people with messy, mismatched extensions that can't be maintained because there's not enough room in between. Even if they were 10cm from the boundary, how can you reasonably build a watertight, pointed brick wall from the wrong side?

This is particularly important when you're only looking at side-return extensions as space is at a premium.

G_M

justintime99 wrote: »

There was a party wall agreement. signed on the day he started work.

In that case instead of going to the council, why did you not go to your party wall surveyor? As your neighbour will be paying him, make use of him!