Neigbour Problems/Dispute - Party Wall - Help!

Niks_2

Am new to this forum - wasn't sure which other section to ask for help on but if anyone can I would be grateful!

Purchased a 1920s semi-detached house - outside (attached) toilet was incorporated into a lean-to - ie the front of the toilet was knocked down, plastered inside and used as an "alcove" for books etc. We have gone thru all correct channels, building regulation control have visted at each stage of our extension - this is more or less the same size as the previous lean-to but we have built up against the party wall (our side). Neighbour was absolutely fine, when I invited her in to show her all the work that we intended to carry out, how long it would take etc. Regards the party wall our side of the boundary we have not attached anything to it, we have not taken it down and we have not had to underpin or dig foundations underneath or near to it either.

Received a letter last week, hand-delivered, advising that the neighbour feels we have acted illegally by not informing them that we would be working on the party wall - which we're not. The Act is quite hard to grasp in itself, I can't see where we have done anything wrong and advised at all stages our proposed work - it's just a single story rear extension that is built 115mm away from our boundary line.... As above, Building Reg Officers have visited at all stages of the project and all is well according to them.

Has anyone come across this before please? Thanks.

chappers

She is basically too late there is nothing in the act to allow yourselves to be prosecuted for failing to issue a party wall notice, she could have gone to court to have your works stopped until a party wall agreement was in place and neither could she stop you doing the works.
She may have some claim from you if your works have damaged her property in some way but otherwise she can do nothing, unless you have encroached on her property and then that would be a boundry dispute, completely seperate from the party wall act.

margaretclare

Hello

There is now legislation about party walls. See: http://www.communities.gov.uk/publications/planningandbuilding/partywall

There are specimen letters and although neighbour was 'absolutely fine', strictly in accordance with the party wall legislation, you should have informed her in writing of what you proposed to do and given her 2 months' notice when work was going to start.

We went through all this last year. We had a fence on the building line between us and next door, the other half of the semi, and for some years it had been proposed to replace the fence with a brick wall. We finally got around to having this done. Our neighbours were absolutely fine about it, in fact they thought it was the best idea - they're going to paint their side of it white and hang flower-baskets on it - but we still had to go through this charade. Handing formal letters to people you see every day and say 'hello' to seems a bit odd, but that's what we had to do. In addition, our copy of the letter we wrote plus the one that they signed to say they agreed have all had to be kept in case either of us decides to sell up and needs to include those letters in a Home Information Pack.

HTH

Margaret

Niks_2

Thanks both - your answers are much appreciated.

Have to say that I've now read the Act and we should only have informed the neighbour in writing if we were to carry out any work TO the party wall - not build up against it - although I say "against it" the new wall is not actually attached in anyway and the party wall between us both (two rows of bricks, one my side of boundary, one their side - with their fence up to the edge of "my" party wall, my side of boundary) has not been used to support anything else, under-pinned, no foundations have been laid under or next to it and there's been nothing attached to it etc.

Thanks again for your quick replies though - feel better. Neighbour was extremely aggressive on the last visit so want to know where I stand before I reply suitably!

Any one else have any comments?

I really don't think we've acted "illegally" but wanted to ensure this before we sent a suitable reply.

asianvibes

HI there,
I have a garage to the side of my house that is actually a lean to against my neighbours main side house wall. I have got planning permission to remove the garage and leave a 1 metre gap so that I can build a small utility room *where the garage used to be*.

So my neighbour will not have anything leaning against their wall any longer. Am I subjected to the Party Wall act and do I need their permission to remove the garage which leans against their wall?

I am happy to ensure the removal of the garage will cause no adverse affect on the wall and if it does I willl ensure my builders fix it.

Any advise that can be provided would be great!

sujester

If you are digging holes within 3 metres of the boundary (and I'd assume that you'll need foundations for the utility room) then the party wall act applies. But how many people who have conservatories built, which more often than not will be within 3m of the boundary, actually do anything (or know) about this?

Read the document at the link from Margaret above, it’s a good document.

But it seems odd that your garage is a “lean to” against your neighbour’s wall – were the house and the garage constructed at the same time? If so I’d get a structural surveyor to look at it before I pulled anything down.