Boundary wall question

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    Boundary wall question

    Hi
    I own an end of terrace house. The pervious owners had put an extension onto the side which sits right on the boundary line with the house next door. This is a semi detached property. The house next door had attached a basic lean to garage/shed onto the extension wall. The house is undergoing substantial renovations. the builders have demolished the lean to. I am concerned that they plan to build a more substantial structure that could see my house become a terrace and could cause damage to my wall. No planning applications have been submitted and I have not received any notice of intension as per the boundary wall act 1997.

    What are the laws regarding this and what would be my recourse should they attach a substantial build to my boundary wall?

    Hope someone can help,

    Neil

    #2
    Google Party Wall Surveyor.

    Comment


      #3
      I have not heard of the Boundary Wall Act 1997.

      Based upon what you have put and on the basis that the property is in England or Wales.

      Is there any paperwork from the extension to your property? Do you know when it was built? Assuming it was after the Party Wall (etc) Act 1996 came in to force then there SHOULD have been notice served and agreement made to raise a wall astride or on the boundary line. This wall would be deemed a Party Wall.

      Is the wall astride the boundary or just next to it?

      Have you spoken to the neighbour?

      If the wall is a Party Wall then your neighbours have rights (under the Act) to make use of it. Sorry if that's not what you want to hear.
      There is always scope for misinterpretation.

      If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

      Everyday is an opportunity to learn something new.

      Comment


        #4
        Hello,

        Many thanks for the reply. My mistake I was referring to the Party Wall Act. The property is in the England. The wall was built after 1997 and is on my side right up to the boundary line. I have no idea if notice was served in accordance with the Act. The owner at the time of the next door property is now deceased and I have no records from the previous owners of my property regarding the issue.

        Would the new owners need to serve me with a notice of works according to the Party Wall Act protocols before they commence works?

        Many thanks,

        Neil

        Comment


          #5
          If the wall is wholly on your land then the neighbour has no right to use it. The lean to may have established a right (although if it was just a shed then It wouldn't) but as that has now been removed it would be down to your neighbour to prove they had consent to have 'enclosed' upon it or some other right to do so.

          Your neighbour (well anyone actually) is only obligated to serve notice for works that fall under the Act. If their proposals don't include works that fall under the Act then no Noitice is required.

          Sounds like you need to walk round to your neighbours one evening.
          There is always scope for misinterpretation.

          If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

          Everyday is an opportunity to learn something new.

          Comment


            #6
            Hello again,

            Many thanks. I am unaware of any plans to reinstate a structure. Builders are in there at the moment. I just wanted to clarify my position should any works start. Am I correct in assuming that two months notice is required and then I have 14 days to respond to that notice?

            Neil

            Comment


              #7
              Apologies, I had not noticed your reply, I sporadicaly visit this forum these days and I've been tied up (work wise) in the middle east.

              I hope you have resolved matters but just incase you haven't.

              You have 14-calendar days to respond to a Party Structure Notice. If you don't, then a dispute arises by default (legally so as stated in the Act). I would ignore the 2-months time period. In practical terms it goes out the window once a dispute arises.

              The appointment of an Agreed Surveyor - ie only one surveyor - is perfectly acceptable on such a small scale job.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment


                #8
                Many thanks for the advice. I have since talked to the builders who inform me that there are no plans to do anything other than make good the render that was damaged when they removed the lean to.

                Just on another note. Should they try to build a dwelling in the back garden of next door and try to use the space created where the lean
                to was as access for vehicles would the party wall act still apply? I would be concerned about this activity damaging my boundary wall foundations,

                Many thanks,

                Neil

                Comment


                  #9
                  I'm a bit confused, are you referring to the wall of your building or a garden wall?

                  Practically, I would only be concerned about works that would be lower than or undermine the foundations.
                  There is always scope for misinterpretation.

                  If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                  Everyday is an opportunity to learn something new.

                  Comment


                    #10
                    Hi,

                    I am referring to the wall of my building that is on my side of the boundary. I am concerned that they may use the space where the lean to was for vehicle access should they develop the rear of the property and that the constant passing of cars could cause disturbance,

                    Neil

                    Comment


                      #11
                      Unless the foundations are substandard, then I wouldn't be worried about it
                      There is always scope for misinterpretation.

                      If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

                      Everyday is an opportunity to learn something new.

                      Comment

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