Party wall agreement for these propeties

Jess23x

Hi all,

I am new here so if this is in the wrong section i am sorry.

Looking for a bit of help. We have been in our new home since December 21, our neighbours moved in around March 22. We have had some problems with them, they used our driveway for deliveries of building material and it has damaged it.

Anyway they now want to build a wall around the front of their garden, they have not asked they have just said and started work.

Now i would say we are within 6 meters of each other at the front so i think a party wall agreement is needed. It is going to spoil our view and make our property look ridicolous.

He has text me to say we cant really use the front path at the moment because there are stones loose, i have 3 young children so i am not happy about this.

Please see images below, can you let me know if you think we need a party wall agreement. The wall is being erected around the shared ownership at the front of the properties.

For reference we are plot 1 and they are plot 2.

ThisIsWeird

Could you be absolutely clear where this wall will be? Could you mark it on that plan? Whose path has been damaged there?

Do you have Legal Protection included in your house insurance? If so, call them up for advice now.

(But, as long as their wall 'conforms' to requirements - eg ain't too tall, is fully within their boundaries, etc. - then how it looks and the loss of view, whilst possibly inconsiderate, are unlikely to be actionable).

sheramber

Are there any restrictions on your deeds about enclosing the front garden?

mi-key

Has the neighbour said how high this wall will be? it would be very odd to have a 6  foot wall around a front garden. If it is going to be a normal one around the height of those posts,  then it shouldn't really restrict your view and wouldn't look out of place.

Jess23x

Thank you for your response, i have tried to mark as best as i can on the plan.

The pathway is a shared pathway for both properties. I will have to look at my house insurance. 

The neighbor has text me saying not to go the front way, but i shouldn't have to rely on my back garden access either. He continuously blocks our driveway also with his fleet of around 4 vans.

Can anyone also tell me if you are allowed to remove internal walls within a new build property in the first two years.

Thank you for your help, wall is in purple

Doozergirl

I would be quite certain that the party wall act does not apply.  Theses are new build houses - the act would only apply if the neighbours were building foundations planned to be deeper than yours.  

It's a garden wall next to brand new houses.  No way is it going to be deeper than your house. 

A party wall agreement isn't about whether or not they can build it.  They don't need to 'ask' you for permission.    A PWA allows them to carry out their right to build with you knowing that measures are being taken to ensure it doesn't undermine your house.  The situation here is that it is not going to, so no formal award needs to be in place.  

It might, however, be a Planning issue if it's at the front of the house and over one metre tall... 

To answer another question, of course you can knock down walls of a house that you own, regardless of timeframe. 

People are allowed to carry out significant works to their property and sometimes it inconveniences others, but unless you own the house next door you just breathe and move on.  The path situation will be temporary.  

[Deleted User]

So why will this make your house look ridiculous? Because you don't have a wall or fence?

Jess23x

Thank you again for the reply's. It isn't so much that it would look ridiculous, its more the fact that it is very close to the house.

I suppose i will just have to put up with it, its just the lack of communication regarding the shared pathway as well. Saying it will be completed Sunday and its still the same today meaning i cant use my front access. I can go on the grass but again not the point. 

He is a builder so i will have to trust that he knows what he is doing regarding all of this, it just feels underhanded when i come home to see my drive has been used again also

FreeBear

Doozergirl said: It might, however, be a Planning issue if it's at the front of the house and over one metre tall...

And on a "new build" estate, there may well be covenants in place to restrict the building of walls and planting of hedges. Check your deeds, and if you think there may be a breach, take it up with the estate developers.

Ozzig

Jess23x said:

He is a builder so i will have to trust that he knows what he is doing regarding all of this, it just feels underhanded when i come home to see my drive has been used again also

From my experience, they know how far to push things way beyond reasonable but be millimeters inside the law. I won't go into detail, as yes I am still bitter. 

Jess23x

i will check these with persimmon thank you all