Neighbour wants to build extension against ours

mtc95

When we moved into our house over 20 years ago, the previous owners had built a 2-storey extension at the back.  The side wall goes up to about 40 cms short of the boundary with the neighbour's house that we are attached to.  The facia and guttering for the roof goes just about to the boundary.

Sadly the elderly neighbour died and the house has been bought by developers who now want to do a similar 2-storey extension.  The planning permission diagrams showed it stopping 10cms short of the boundary but now the developer said he would like to join it onto ours and to join the roofs.  He said it would avoid a really awkward gap in between the houses. As he expressed it, he would build up to the boundary but add a cavity wall betwen his and ours.  I see his point about the gap but feel like he is basically taking some of our land.

On the other hand, it's not like we could ever use that strip of space and it would probably look better if joined. I'm slightly concerned that it may lead to future boundary disputes as it may look as though the effective boundary is now where the roofs join and current garden fence between us is too far over their side.  Are there any pros or cons in agreeing to this?  Would a proper party wall agreement help to avoid any future disputes?

Vitor

I'd see a massive downside that you'd be making what I assume is a detached house into a linked-semi.

>The planning permission diagrams showed it stopping 10cms short of the boundary<

Be very careful he isn't then going to add soffit and guttering that introduces over the boundary, creating issues of access for maintenance etc. Also, if the wall is 10cm from the boundary then the foundations will be over the boundary.

TBH sounds like the developer is trying to squeeze every sq.m out of the floorplan and he's playing fast and loose with the regulations and your privacy to do it.

born_again

Even a cavity wall will not stop noise from next door... Do you really want to risk that?

Albermarle

the developer said he would like to join it onto ours and to join the roofs.

Say no, at least until he makes you a decent financial offer to consider.

mtc95

Vitor said:

I'd see a massive downside that you'd be making what I assume is a detached house into a linked-semi.

No just to clarify, we are already semi-detached.  Our house joins theirs.  It's just at the moment, ours is extended further at the back compared to theirs and they now want to add a similar extension.

ThisIsWeird

mtc95 said:

Vitor said:

I'd see a massive downside that you'd be making what I assume is a detached house into a linked-semi.

No just to clarify, we are already semi-detached.  Our house joins theirs.  It's just at the moment, ours is extended further at the back compared to theirs and they now want to add a similar extension.

Hi MTC.

Since you are already semi, it makes complete sense to continue this with the extension. As the developer says, leaving a gap there will both look wrong, and almost certainly cause issues such as difficulty for access to carry out repairs.

I guess it's a 'shame' that your extension stopped short by 400mm, although the reasons would have made sense at the time, as ideally your compromises would have been equal - but, hey, it won't make any difference to your useable internal space. Yes, they gain a small extra bit, but that's not their reason for suggesting this.

It will remove the need to maintain that wall. And the roof edge. It'll reduce heat loss. And remove the need to keep clearing that bludy annoying gap of leaves every few months. And it will look better.

It makes total sense.

I don't know about the 'legalities' of it in terms of deeds and boundaries and stuff, but it shouldn't make a difference. If anything needs altering in the deeds - adding an easement - then they handle all the legal costs. I'm guessing, but don't know, that there is a way of adding a proviso to this easement to the effect that it lasts as long as the extension does! Ie, the actual boundary, and the ownership of the land on either side, does not change.

Perhaps you should have a written agreement on who is responsible (ie, them...) for the new roof join, or any of 'their' wall that's built up to your house.

If it were me, I'd accept it. With the provisos above.

Do you have LegProt on your insurance?

twopenny

Don't do it! I've got a linked bungalow. Seemed ok as far as noise and such but it's surprising what turns up.

I can clean my gutters but my neighbour seldom does which means her detritus gets swept into mine and I'm constantly cleaning it out.

The heating vent goes off near the boundary when I'm sitting in the garden and swamps me with noise and fumes.

Numerous 'small' things that are really annoying. And my neighbour is nice.

At the moment you are happy with the way things are and would be happy for an extension (I'm gathering) to the length of yours.

If his (I'm guessing) joins yours there's access to the roof tiles, the guttering? any problem with the wall. And then there's dispute.

He could rent it out to a careless noisy family that you have to deal with them and the landlord.

That gap, however small is your access to repair your property. That gap is your boundary, Your sanity, way to get to deal with anything on the extension.

So with a lovely smile, just say no. That is not in your interest and you could add 'being the boundary' and keep an eye that the guttering etc doesn't cross. Have your plans with boundaries to hand.

He doesn't need this. It's purely finantial on the sale or rent.

theoretica

To clarify - they are proposing to build their 'inside' wall on their side of the boundary, and fill the whole 40cm with cavity insulation?  So if at some future time you chose to, you could hypothetically redo your extension with an equal wall and gain the 40cm of space with a more normal part wall?  That seems a very wide cavity, I wonder what issues it might cause?

Grenage

I'd probably opt for a cavity - less maintenance woes.  You're already a semi regardless. 

Could always ask if they'd be willing to put dense insulation in as a reduction in sound transmission.

Doozergirl

The lack of comprehension in the replies is quite breathtaking.  

OP, if you treat this as a party wall then under the act, your neighbour should pay you half the cost of building your wall, that they will use, at the prevailing rate. 

Your house are already joined so I don't really understand why others are raising issues of being attached, when you are already attached. 

It does make sense to join extensions.  If your previous owners had considered things properly then they'd have built a true party wall over the boundary, but we are where we are.  

There should really be legal paperwork to tie things up and next door should pay for that.   I'm nit really sure that it's totally financially viable or worth the admin for next door, but I would definitely prefer to be attached than have a tiny gap where neither wall can really be maintained over two storeys.  

Vitor

You really need to instruct a conveyancing solicitor at the other party's cost to value the land you'd be selling to allow the developer to build over the existing boundary and draw up the paperwork.

If you have a mortgage, the lender may have a view on the impact on the value of your property.