Party Wall Act advice – removal of shared party wall (our garage) for neighbour’s extension

gussie01

Our neighbours have planning permission for a two storey extension to the side of their property. Currently, we both have a brick garage with a shared party wall running along the boundary of the properties. The tiled, sloping roofs of the two garages are attached. To complete their extension, the neighbours need to remove the shared party wall and replace with cavity walls. When they got planning permission in September 2021, they had verbal agreement from the previous owner’s for the removal of the shared party wall. Can this be formally enforced?

The neighbours asked yesterday if we were happy with their extension and said they would make good any effects on our property but we thought they just meant replacing some tiles, we did not realise the wall needed to be removed. Our garage has been converted into a granny flat so it is not just a garage wall, there are also electricals, built in furniture, flooring, plastering and painting to be ‘made good’. In addition we would need the furniture currently in there to be put in storage while the works are carried out. We understand that they should serve us formal notice (Party Wall Act), we can then agree or object or ignore it, which counts as an objection. Should we also request that a Party Wall Survey is completed (at their expense)? What protection would having or not having this give us against damage, failure to ‘make good’, lengthy delays etc? They have told us that the work will start in a couple of weeks but looking online it seems they have to give us two months notice. We do not want the work to start until after Christmas as we will have guests using the granny flat over the holidays.

They are also building a two storey extension over the top of where the garage was (single storey) and we are concerned with whether they have the correct foundations for this and if they do not, what effect this might have in future on our property. Or if they need to dig new foundations right next to our granny flat/garage, could this also cause damage? Should we insist on seeing their Building Regulations approval, assuming they have this in place? They have said we can talk it through with their builder, although we are aware the builder is a friend of theirs.

We have only just moved here in September 2022 so do not know our neighbours well but don’t want to damage the relationship by outright refusal. We don’t have an objection to the extension itself, just want to make sure that we are protected and we end up with the same set-up as we have now, without it costing us anything. We may in future want a similar extension ourselves but are not committed to this currently.

Are there any other steps we should take to ensure we are protected or is it risky to even consider agreeing to this? Any advice much appreciated.

Jonboy_1984

How did you find out about this, did the previous owners of your property tell you about it their verbal agreement on the TA6 property information form (section 3, proposed developments?).

Did your searches highlight their planning permission so you could review it fully?


I personally would tell them straight away, in writing, it’s a no in the first instance because you were not fully informed of the plans and you need take time to understand the party wall process and highlight your plans to use the space in your home over Xmas.

Given the builder is a friend of theirs I would personally insist on a full party wall agreement and make sure you have full details of the builders insurance before anything is started.

Doozergirl

Firstly, there isn't such a thing as 'objecting'.  It is called dissent.  The PWA allows your neighbour to carry out works affecting the party wall, it is not an opportunity for you to point blank refuse work to be carried out.  

In this situation, without doubt you need a party wall surveyor to draw up the award and approve all building methods as the proposed build method sounds both complicated and expensive.  

Party wall surveyors are not like solicitors when you buy a house.  You each need a solicitor because you have conflicting interests in the property so need individual advice.  When it comes to the Party Wall Act, the surveyor is simply ensuring that the Act is complied with.  You can have your own surveyor but you can also share one because there aren't conflicting interests - it just needs to comply.  

The work of drawing up the award involves ensuring that your property maintains structural integrity which will in your case mean lots of detailed drawings from next door's structural engineer, and method statements for the proposed work from the builder.  

As long as you have a surveyor working for you, they will check everything over and keep asking for detail until they are satisfied that all work is compliant and as safe as can be.  

I'm not convinced that removing the wall altogether is the right thing to do, but all of this is going to come out with the surveyor and structural engineer.  Architects often produce drawings that leave bit to the imagination and the subsequent professionals to deal with.  And change...

Apodemus

Has your granny-flat conversion got Planning Permission for change of use and Building Regs approvals (if these are required where you live)?  If not, then this might complicate your position.

Doozergirl

Apodemus said:

Has your granny-flat conversion got Planning Permission for change of use and Building Regs approvals (if these are required where you live)?  If not, then this might complicate your position.

That has nothing to do with the Party Wall Act.  

aoleks

we had a similar situation, but you don't demolish the party wall in any case. what you do is, you remove your side of the garage/shed up to the party wall and either build right up to it or leave a bit of a gap. a party wall agreement doesn't give you permission to completely remove a party wall and expose someone's house/garage/shed.

Doozergirl

aoleks said:

we had a similar situation, but you don't demolish the party wall in any case. what you do is, you remove your side of the garage/shed up to the party wall and either build right up to it or leave a bit of a gap. a party wall agreement doesn't give you permission to completely remove a party wall and expose someone's house/garage/shed.

But it does give you permission to build straight up and off the party wall.   The most likely situation will be to underpin the existing wall and re-enforce it, probably by adding another skin, but that is down to the structural engineer's assessment.  

What you're describing is not the best or proper way, it's an attempt at working around the PWA instead considering what is best for both properties in the long term.  What happens when the neighbour wants to extend and there's an untenable gap?  

If that party has no foundations and you attempt to excavate and build just next to it,  you put the existing wall at great risk of collapse. 

Apodemus

Doozergirl said:

Apodemus said:

Has your granny-flat conversion got Planning Permission for change of use and Building Regs approvals (if these are required where you live)?  If not, then this might complicate your position.

That has nothing to do with the Party Wall Act.  

I would have expected that a Party Wall Surveyor, when assessing the required protections, necessary mitigations and before-start conditions might take into account whether the OPs side of the wall was legally a habitable room or a garage. It would seem unreasonable if the applicant had to incur additional expenditure to preserve an unregulated structure.

Doozergirl

Apodemus said:

Doozergirl said:

Apodemus said:

Has your granny-flat conversion got Planning Permission for change of use and Building Regs approvals (if these are required where you live)?  If not, then this might complicate your position.

That has nothing to do with the Party Wall Act.  

I would have expected that a Party Wall Surveyor, when assessing the required protections, necessary mitigations and before-start conditions might take into account whether the OPs side of the wall was legally a habitable room or a garage. It would seem unreasonable if the applicant had to incur additional expenditure to preserve an unregulated structure.

No they don't.   Any house built before 1986 was 'unregulated'.  

The OP is entitled for their home to stay as warm and safe as it is, without being undermined.  The OP is also perfectly entitled to add any of the things they have described to the party wall of a garage without triggering a need for building regulations approval for a habitable room.  There are people who own garages better than most people's houses!