Building Regs and Re-Building a Party Wall

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    Building Regs and Re-Building a Party Wall

    Hi

    I'm having a small single story side extension built. I've had the go-ahead from the council, obtained a near-build-over license from the water-board and I was all ready to go. Neighbour had verbally given the OK but has just changed his mind and wants to evoke the Party Wall Act.

    Before going down this route, I've got a question that I wonder if someone can clarify for me? The external wall of the side extension will be the current wall which divides the house from the next door neighbours land. The wall will be taken down and rebuilt with far deeper footings because it is near to a public sewer on neighbours land. The neighbour is asking if the guttering from the sloping roof will be overhanging his garden and if it is, he doesn't want this. I've looked at the drawings and yes, it does over hang a bit. Can neighbour refuse this? I would have thought it must be OK as the council have approved the drawings?

    Many thanks for any advice.

    #2
    The neighbour can't evoke the Party Wall Act. You are obligated to serve Notice on them under it - assuming the occuping Neighbour is an Owner under the Act.

    The existing side wall won't be the new wall of the extension as you are demolishing it to build a more suitable wall for a habitable building.

    I would assume that the current wall is a Party Fence Wall built astride the boundary (or Line of Junction). I would recommend that the owners agree to raise a new Party Wall astride the boundary to replace it.

    The Council - Both Planning and Building Control have no interest or power to influence the Party Wall procedure.

    You have no right or entitlement to have the eaves of your new building projecting over the boundary. Why would you? Do you also belive you have entitlement to use their yard/garden?

    I would suggest that the new wall is built higher to for a parapet and a parapet gutter formed on your side of the wall. This would give two benefits.

    1. you'd be able to readilt clear the gutter.

    2. if in the future the neighbour decides to do their own extension they can enclose upon the wall and form a gutter without disturbacne or opening up of your side of the property.
    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


      #3
      Brilliant. Thank you.

      I hadn't actually given any thought to the guttering overhanging. But in actual fact, there is a lean to in place - which has been there for 30 years, and guess where the guttering is? Yes, it over hangs and it has never been a problem.

      Your suggestion of a parapet wall is excellent.

      The neighbours other concern is that he doesn't want the foundations of the new wall on his land but this is impossible - the current foundations are there already. The one good thing is that the neighbour has agreed that he will have the same surveyor but I can still see this costing a pretty penny!

      Again, thanks for the info mk1fan.

      Comment


        #4
        'You are obligated to serve Notice on them under it - assuming the occupying Neighbour is an Owner under the Act'

        Sorry, can you clarify the above statement for me (Owner under the Act)? The neighbours do own their house.

        Many thanks.

        Comment


          #5
          Under the Act any person with an interest in the effected property that is 12 months or longer at the date of service is considered an Owner.

          Where is the property?
          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
            Hi

            It's Kent/SE London.

            I've had a read up and I can see that I have to serve notice etc. It is just a little frustrating that the chap has now changed his mind from 'yes, go ahead - to getting surveyors out. Right at the outset I confirmed in writing that if we caused any damage whatsoever to the property we would pay for it to be put right immediately and he was happy with that. I explained we could take photo's etc and he was fine.

            It is such a simple little single story extension and it's nowhere near his house. Obviously it affects the boundary wall as I will be rebuilding it.

            If I change my mind over the dimensions of the extension, for arguments sake, say I reduce the width by 6 inches and don't use the boundary wall, would that mean I can avoid the Party Wall Act?

            Comment


              #7
              Possibly.

              Without seeing the plans and a google earth image it would just be a guess.

              Has the neighbour appointed anyone yet? Have you served Notice yet?

              If you don't have a Surveyor the feel free to send me the details and I can give you my view and approx fee costs.
              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
                Thanks. No I haven't served notice yet. I am really reluctant to at the moment. The neighbour is actually moving in about 6 weeks (he is due to exchange contracts any day now), so in my eyes, I would rather wait till the new people get in and see how they feel about things. The prospective new neighbours are fully aware of the new extension and their solicitor hasn't raised any questions on it. Maybe this is because planning wasn't needed and the side extension is just a permanent structure to replace the existing lean to.

                Comment


                  #9
                  If they are in the process of selling and you are in no rush to do the work then definately wait until the new owners move in.
                  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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