Planning consultation questions (party wall etc.)

aoleks

Hi all,

We recently found out that our next door neighbour is planning to build an extension at the back of his house. As we are planning to do the same and both projects are similar, we’re ok with it, but I have a few concerns. I’d like to know what my rights and options are before taking any steps (if any).

from the neighbour’s drawings, he’s looking to build his rear extension right up to the boundary, in essence continuing his external wall. This would normally be a party wall, but at the moment, his house ends about 1.5m behind ours, so only part of it is shared.

as we are planning something similar, but not right to the boundary, I’m afraid that if he was to build first, we won’t be able to build ours.

logic dictates that his extension wall then becomes a party wall. Is that correct? If so, at what stage can I expect a party wall agreement? Also, what are my rights? What if he doesn’t serve one?

if not the case and he builds to the boundary, how can I make it clear that I don’t want any parts of the building (roof, gutter) hanging over my side? Is that something I can demand or do I have to take him to court should he not comply?

discussing directly is not an option, as the current occupiers (with which we have a good relationship) are tenants, hence I don’t know the owner. I am thinking to ask the tenants if they can pass on a coffee invite to discuss and approach this constructively.

any advice on what to read and what my options are?

Doozergirl

If you're planning similar then why not build to the party wall and share it?  

Building slightly away from it really doesn't help anyone.  

Whether what they are proposing forms a party wall entirely depends on the position of the boundary.  If it is purely in line but on their side, then it isn't.   A party wall straddles the boundary.  

An illustration of what is there currently would be helpful, but I would strongly suggest that if you are attached that you continue that arrangement with any extensions. It defies logic to do it any other way, though it seems to appeal to people's egos to protect inches of space at the cost of the healthy longevity of a building.  Issues arise immediately with ongoing maintenance and potential damp.  

The coffee meeting is a great idea.  There should be some visible contact details for the other owner or their designer on the planning application, if talking to the tenants doesn't yield much.   In fact, their designer would be the best person to broach the party wall suggestion as they will 'get it'. 

FreeBear

Doozergirl said: If you're planning similar then why not build to the party wall and share it?  

Building slightly away from it really doesn't help anyone.

If you both build slightly away from the boundary, you'll be left with a gap - This will be next to impossible to keep clear of debris, nor will either of you be able to carry out maintenance of the exterior surfaces. Share the wall, share the costs, and share in the benefit.

aoleks

Thanks both.

I'm attaching a sketch, hopefully this will clarify things. I'm not sure what we have (or will end up having) counts as a party wall, that's what confuses me. As you can see from the image, our houses share a wall, but only up to an extent. The boundary means that if I was to continue my external wall, I would not be extending a party wall, as that bit of the wall is entirely on my land. I'm not sure what the situation is in the middle, where we do share a wall (and a chimney), but I can't imagine the council build two external walls literally next to each other, so the middle bit is a party wall, but the outside is not???

Either way, if they build their extension as proposed, continuing their part of the external wall completely on their land, I understand it's not a party wall, hence no notice needed. Does the fact that they will dig foundations next to mine still mean they have to provide a party wall notice?

Regardless of party wall notice, what are my rights to not having anything overhang on my property? I don't want any headache at any point in time when I remortgage or sell. Is it a case of having a right, but needing to enforce it, or can I block the development should the neighbour not listen to my concerns?

I will draft an email to their design company anyway, hopefully they're down to earth people and willing to discuss. Last time I spoke to my builder (unaware of the neighbour's plans), we decided to build the wall 5cm from the boundary, to ensure the roof overhand doesn't float over their land.

FreeBear

aoleks said: Either way, if they build their extension as proposed, continuing their part of the external wall completely on their land, I understand it's not a party wall, hence no notice needed. Does the fact that they will dig foundations next to mine still mean they have to provide a party wall notice?

If they are excavating within 3m (I think) of your foundations, then a PW notice is required even if the wall isn't a party wall.

Doozergirl

FreeBear said:

aoleks said: Either way, if they build their extension as proposed, continuing their part of the external wall completely on their land, I understand it's not a party wall, hence no notice needed. Does the fact that they will dig foundations next to mine still mean they have to provide a party wall notice?

If they are excavating within 3m (I think) of your foundations, then a PW notice is required even if the wall isn't a party wall.

Only if the proposed foundations are deeper than those of their house.  

aoleks

Right. And what about the consultation scheme, how can I ensure that if they build right up to the boundary, their roof doesn’t trespass? Do I let the council know?

Doozergirl

Nothing to do with the council.   It's a private agreement. 

I would recommend that the neighbours check the thickness of the party wall - does it run without a dog leg through from inside to outside, or does the external wall kick inwards towards them.  

You can do that by measuring in from the nearest window and seeing how the distances differ. 

You need to establish whether the wall is a party wall or not.  It doesn't quite make sense that the true boundary is where you say it is without there being a dogleg. 

You could do the same at the front, presumably?  I grew up in a house like that.