Party wall - neighbour joining their property to mine

VJ2021

My house is an end of a terrace of four.  My side wall adjoins a neighbour's garden.  Currently there's a gateway between us into their garden.  They have gained planning permission to extend the ground floor of their property and this will attach to my end wall (exterior wall of my house).

I am concerned how this may impact the value of my property.  Does anyone have experience of this?  I will of course be getting professional advice but would like to be up the curve a bit before I start.  

Incidentally I only received the PW letter today, and they plan to start work next week.  I know that I have two weeks to respond and that if I don't we will be in dispute.  If we instruct a surveyor will they adjudicate on the impact on property values?

Thanks in advance for any insight!

Doozergirl

Is it actually a party wall? 

Does your wall straddle the boundary or is it all one side of it? 

If it's a genuine party wall, they can connect onto it.  If it is purely your side of the boundary, they can't! 

Your house value is by-the-by here.  They have permission and they are to going build - either by connecting onto yours or by building slightly away from it - potentially by a matter of a few centimetres.  Neither of those is going to make much of a difference from the other in terms of the value of your house.  Yes, you're interested in the effect on value, but there's nothing you can do about it if you don't own any of the space to the side of your house.

The question is whether it is a party wall.   It might be advisable to allow it to be come one if it isn't - from the perspective that maintenance will be much easier, protection from damp is better without a gap and with a proper roof.  You will also be entitled to a sum of money equivalent to half the cost of building that newly shared section of the wall from scratch.  

Jeepers_Creepers

No. That isn't a valid reason for complaint.

The only PW issues are that their work doesn't damage your property, or encroach on it in an unacceptable way, or they try and slot in a privacy-busting window when no one is looking.

It's a shame they didn't approach you in a helpful, friendly manner about this first - always the best way.

Will it actually affect the value of your property? That's an unknown, but most likely it won't, as it'll show future buyers what the potential is for expansion should they also want to do this. It'll be a fait accompli - hopefully an attractive one (or get busy with planting if it ain't) - by the time you come to sell.

Hopefully others will confirm the above, and if they do, my recommendation would be to accept the inevitable, and make the best of it that you can. Don't show displeasure - it's pointless and counter-productive. Use this as an opportunity to show your neighb that you are a reasonable person. Heck, if you can, show an interest in what they are doing.

No harm in dropping into the conversation that it came as a surprise, tho' - just making it clear that they could have gone about this in a better way...

I guess one other thing to look out for - should you, or a future owner, also wish to extend that way, is there anything about their extension that'll impede this? Perhaps have a word with the PW surveyor and ask them if the plans look ok for this eventuality.

Doozergirl

Baffled how they're starting next week when you have two weeks to reply, let alone agree an award.  

Is this a homemade letter or have they appointed a PWS? 

VJ2021

@Doozergirl  yes - I have made clear that they have not complied with the requirements of the Act.   As I understand it if I don't agree within the two weeks then we move into dispute and we will need to appoint a surveyor.  

@jeeperscreepers unfortunately their green runs down the side of my exterior wall so there's no way I could extend into the same space

I have no desire to fall out with neighbours, but frankly they have ignored the notice requirements of the Act which doesn't sit well with me.  It doesn't indicate respect for me or indeed the law.  Not an indication of a good neighbour.

VJ2021

Thanks both for your input though.  I think the best I am going to be able to do is to instruct a surveyor so I am protected against damage to my property.  Live and learn - I was less streetwise when I bought this property.  Won't make that mistake again.  I am incredulous that someone can attach themselves to someone else's property.....

Doozergirl

Well they might not be able to!   Is it a party wall?  You haven't answered my question... 

It sounds like you might need to speak to a surveyor today just to get your head around it and establish if, how and where the act applies.  

You can appoint your own surveyor, but you can choose to use the same one (ie. the one you choose).  They're not cheap and so it would be fair to the neighbour to agree on one to deal with it all.   

PWSs aren't like solicitors where there would be a conflict of interest if the same one acted for you both.  Party wall surveyors ensure that the act is complied with, nothing more, nothing less. There's no real benefit to either of you to have one each.  

Section62

VJ2021 said:

My house is an end of a terrace of four.  My side wall adjoins a neighbour's garden.  Currently there's a gateway between us into their garden. 

The only thing I'd add to the comments already made is you might want to check if there is any long-forgotten right of way over the part of their garden they intend to build on - for example to give you access to your back garden.  It is a long shot, and very unlikely if you have other means of access to your back garden, but could be worth the time it takes to check your (and their) deeds.

Also, if that is the only gap in a run of five houses (your terrace of 4 + theirs) then I'd expect there to be a good chance of them finding some kind of drainage pipe in there (possibly shared), especially if the kitchen/bathroom is at the back of the house. Although that won't necessarily stop them doing the build, it is in your interests to make sure any pipe is suitably protected and/or replaced.

If you are exceptionally lucky, the gap could contain a public sewer - and they don't have a buildover agreement, the time it will take to get one sorted will help you deal with the PW issues.

Doozergirl

Section62 said:

VJ2021 said:

My house is an end of a terrace of four.  My side wall adjoins a neighbour's garden.  Currently there's a gateway between us into their garden. 

The only thing I'd add to the comments already made is you might want to check if there is any long-forgotten right of way over the part of their garden they intend to build on - for example to give you access to your back garden.  It is a long shot, and very unlikely if you have other means of access to your back garden, but could be worth the time it takes to check your (and their) deeds.

Also, if that is the only gap in a run of five houses (your terrace of 4 + theirs) then I'd expect there to be a good chance of them finding some kind of drainage pipe in there (possibly shared), especially if the kitchen/bathroom is at the back of the house. Although that won't necessarily stop them doing the build, it is in your interests to make sure any pipe is suitably protected and/or replaced.

If you are exceptionally lucky, the gap could contain a public sewer - and they don't have a buildover agreement, the time it will take to get one sorted will help you deal with the PW issues.

All good stuff. The likelihood of drains is pretty high! 

To add, if the drain is shared even between the two houses, it is definitely public and needs a build over agreement.  

If there's a manhole, it would have to be moved.  They cannot build over it. 

VJ2021

Thanks all.  It is a letter they have download and customised.  

I don't think that there will be a shred drainage pipe (I know a fat bit about the layout of the property from when a former neighbour lived there and there is nothing with drainage on my side of their property.  When thee previous owner had work related to drainage done it was at the front of their property (shared mains work relating to their cluster of houses)

No rights of way type issues either my house and their garden are separated by the end wall of my house.  My garden runs alongside other neighbours.

The reality however is they are required to give 2 months notice and have failed to do so, instead announcing they plan to start. Sadly that is not the basis for a good relationship with a new neighbour.  

I don't want to object for objections sake but I need to protect my interests, and I object to someone apparently trying t run roughshod over the process.  I have politely explained the process is there to protect everyone.

It's all made extra stressful due to health Issues I have that mean I have to be ultra careful right now.......   It never rains but it pours....

Anyway lesson learned despite owning my house it appears I can't stop someone attaching to it!

T

Doozergirl

Can you hear me?  They might not be able to attach to it (it just might be a good idea if they can get very, very close without attaching). 

Is it a party wall?!  

I don't think it is.      Unless there is some other shared part of a building, it is highly likely to be just yours.     The wall you share on the other side with your terrace neighbours will be a party wall because it has to be.   There's no logical reason you've given that suggests that your detached wall is a party wall that they can attach to. 

Just because someone can get planning permission, it doesn't prove it can be built. Planning is about the principle of the size and shape of development being acceptable, it does not decide land ownership or deal with things like restrictive covenants.   You could apply and get planning to build a house in their back garden if you want, it doesn't mean you'd get very far building it!