Buying house, party wall question

Dunnyst92

We’re in the process of buying a semi detached house which has been extended at the rear. This extension joins on to the neighbouring house which is not attached to us.

The sellers do not have any PWA in place. They state the previous owners completed the extension, not that that makes any difference.

My question is, is it possible for a this neighbour or any new neighbour who moves into the property in the future able to demand the extension be removed as there is no PWA? 

Davesnave

Party wall agreements must be made before work starts and cover the work itself and the period of its duration, not the time years after it's complete.

Whether a house may be joined to another is a separate matter. Whether anyone could order its removal depends on a number of things, including how long it had been attached.

greatcrested

PWAs apply only to the construction work itelf. Once the construction is completed, the PW Act does not apply.

Dunnyst92

Thanks for replies. I’m just trying to get a gist of what liability I’m getting myself into should we continue with the purchase. 

Our solicitor has advised that a new neighbour may well be within their rights to object to the extension being up against their garage as no agreement was ever put in place. He did say though that he is no expert in the PWA area.

krazie_2004

The only people who can ask for it to be removed is the local authority and only is there is no planning permission. As others have correctly said, the party wall agreement only applies before and during construction and it is there to ensure no damage is done to buildings/property in the near vicinity.

The questions I would ask are:

1. When was the extension built.

2. Was planning permission granted for the extension.

Doozergirl

You've said you're in a semi-detached house but the extension is attached to the house that you're not attached to?   So, it's not semi-detached anymore?

This is not a PWA issue for the reasons explained several times above,
but if I've understood that correctly, the house next door does not share a party wall and so the house that you are buying shouldn't be attached to it... 

Dunnyst92

krazie_2004 said:

The only people who can ask for it to be removed is the local authority and only is there is no planning permission. As others have correctly said, the party wall agreement only applies before and during construction and it is there to ensure no damage is done to buildings/property in the near vicinity.

The questions I would ask are:

1. When was the extension built.

2. Was planning permission granted for the extension.

1. A quick satellite image search reveals the extension is there at 1999. No access to earlier images. 

2. No plans have ever been lodged with the local authority. Under current permitted development I believe the extension would be allowed...

frogglet

There was a post on here recently about a neighbour next door,  attaching an extension to their garage without them knowing as they were on holiday.

Doozergirl

I think that it would be deemed that permission had been granted at this point after 20 years, however, I'm sure that an indemnity policy exists that would cover any later neighbours raising an issue.