Single storey rear extension - Neighbours makeshift roof has been drilled into my wall

akorn77

I have a terraced house. In my garden to the left, there is a small garden boundary wall (3m length and about 2m height). The neighbour who has lived there for 12 years has done a makeshift plastic garden roof (dont know what its called, see picture for example: https://www.jacksons-fencing.co.uk/the-edit/a-garden-room-using-fencing-pergolas-and-garden-gates) and to secure it, they've used vertical wooden beams and drilled those into my boundary wall, leaving zero space inbetween the two properties. Also their plastic roof slightly overhangs on my guttering. 

My builder said, he would need access to their structure to take out the screws, so he can break my existing boundary wall and build the new extension wall. My builder actually did their roof and the inside of their home and did their relatives houses so he has a very good relationship with them. He said he will explain the situation to them and there shouldnt be an issue, but you never know with these things. 

I've never done an extension or big building work, so I just wanted to understand what my rights are? Because if the neighbour refuses and I knock down my existing garden boundary wall, then their plastic roof structure may fall with it....

Note - I am doing a small rear extension under permitted development. My neighbour to the right has done a small extension but they rightly left a gap of around 2-3 bricks width between my boundary wall and their extension. 

My architect is coming tomorrow, so I can also ask him to clarify. 

Doozergirl

Your link doesn't work, I'm afraid.  

You need to understand party walls because if you are in a terraced house, that wall is quite possibly a party wall and not just yours.   We'd need photos to establish.   Of course if it's yours then they shouldn't attach anything to it.  

However, you're wrong to say that the sensible way to extend a terraced house is to build away from the boundary, because it absolutely is not.  

The sensible way to extend a terrace is to extend the party wall so that all neighbours can attach future extensions onto the party wall, keeping the terrace intact and watertight, giving everyone the maximum space to their extensions and with no risk of damp in small gaps or of being unable to maintain your own walls in future. 

If you are extending then you need to be having the conversation with the neighbour about a proper party wall and how you both use that.  It's likely to diffuse the situation if you pose it as a mutual issue rather than a case of 'get of my land' when you actually need their co-operation for the best rest for your extension.  

akorn77

Doozergirl said:

Your link doesn't work, I'm afraid.  

You need to understand party walls because if you are in a terraced house, that wall is quite possibly a party wall and not just yours.   We'd need photos to establish.   Of course if it's yours then they shouldn't attach anything to it.  

However, you're wrong to say that the sensible way to extend a terraced house is to build away from the boundary, because it absolutely is not.  

The sensible way to extend a terrace is to extend the party wall so that all neighbours can attach future extensions onto the party wall, keeping the terrace intact and watertight, giving everyone the maximum space to their extensions and with no risk of damp in small gaps or of being unable to maintain your own walls in future. 

If you are extending then you need to be having the conversation with the neighbour about a proper party wall and how you both use that.  It's likely to diffuse the situation if you pose it as a mutual issue rather than a case of 'get of my land' when you actually need their co-operation for the best rest for your extension.  

The whole wall is in my garden. Does it still make it a party wall? 

I'm going to propose that once my extension is built they can re-attach it to my wall as I dont mind. 

https://www.google.com/search?q=plastic garden roof&tbm=isch&tbs=rimg:CXNAM8xQruM4YT_1gyUyLOdSt8AEAsgIOCgIIABAAKAE6BAgBEAE&client=ms-android-oneplus&prmd=sinv&hl=en&sa=X&ved=0CBIQuIIBahcKEwiAyPug4835AhUAAAAAHQAAAAAQBg&biw=412&bih=780#imgrc=uuwSSWkE_kQ-5M

Doozergirl

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

akorn77

Doozergirl said:

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

Funnily enough I just bumped into my neighbour for the first time, and they made me a cuppa and popped over to take a look around my house. They were very positive about me doing an extension and taking out all the chimney breasts, and even actively encouraged me to do so weirdly...so hopefully there will be no issues! 

Doozergirl

akorn77 said:

Doozergirl said:

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

Funnily enough I just bumped into my neighbour for the first time, and they made me a cuppa and popped over to take a look around my house. They were very positive about me doing an extension and taking out all the chimney breasts, and even actively encouraged me to do so weirdly...so hopefully there will be no issues! 

Great news!

Section62

akorn77 said:

Doozergirl said:

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

Funnily enough I just bumped into my neighbour for the first time, and they made me a cuppa and popped over to take a look around my house. They were very positive about me doing an extension and taking out all the chimney breasts, and even actively encouraged me to do so weirdly...so hopefully there will be no issues! 

Are you going through the building control process for this?  Have you had any advice from a structural engineer about the potential impact of removing them?

akorn77

Section62 said:

akorn77 said:

Doozergirl said:

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

Funnily enough I just bumped into my neighbour for the first time, and they made me a cuppa and popped over to take a look around my house. They were very positive about me doing an extension and taking out all the chimney breasts, and even actively encouraged me to do so weirdly...so hopefully there will be no issues! 

Are you going through the building control process for this?  Have you had any advice from a structural engineer about the potential impact of removing them?

Yes everything will be going through building control and done properly with steel plates/beams. Neighbour did theirs recently too. 

Section62

akorn77 said:

Section62 said:

akorn77 said:

Doozergirl said:

It is potentially a party wall if your terrace is staggered and your house projects further than theirs.  The wall can appear to be entirely in your garden, but the projection is the party wall. 

It's really quite hard to say without full context.  

Funnily enough I just bumped into my neighbour for the first time, and they made me a cuppa and popped over to take a look around my house. They were very positive about me doing an extension and taking out all the chimney breasts, and even actively encouraged me to do so weirdly...so hopefully there will be no issues! 

Are you going through the building control process for this?  Have you had any advice from a structural engineer about the potential impact of removing them?

Yes everything will be going through building control and done properly with steel plates/beams. Neighbour did theirs recently too. 

And the SE knows the neighbours did theirs?