party wall act

Postby Alan Harris » Tue Apr 08, 2008 10:43 pm

Dear despair

I am stll not quite sure why a neighbour would wish to erect a fence adjacent to a 2 storey high wall?

Also strangely enough the law does not prevent building because it affects amenity but the planners may turn down an application for a number of reasons if the extension oversteps the mark on a number of issues.

We tend to live close together and must have some rules at the interface. The party wall act has worked in the London area for many years so it was reasonable to refine it a little and apply it throughout the country. In my experience its implimentation has been fair and has not been abused to impose conditions on neighbours unreasonably

regards

Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby skylark » Wed Apr 01, 2009 8:28 pm

The link to the party wall document has changed again. Does anyone know what the new URL should be please?
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Postby TrevR » Thu Apr 02, 2009 12:58 pm

If you search www.communities.gov.uk for "Part Wall Act" it usually comes up.

http://www.communities.gov.uk/documents ... 133214.pdf
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Postby DavidM » Sun Apr 05, 2009 7:04 pm

Well done TrevR, very handy :wink:
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Postby victor508 » Tue Apr 07, 2009 12:06 pm

In our area the council insist on you keeping back from
the boundary by 450mm , i think this should be nationwide
as it gives you access for repairs from your own land.

Victor.
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Postby Janner 007 » Tue Apr 07, 2009 3:34 pm

Hi Victor,

What is the name of your Council please?
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Postby andrew54 » Wed Apr 08, 2009 8:44 pm

victor508 wrote:In our area the council insist on you keeping back from
the boundary by 450mm , i think this should be nationwide
as it gives you access for repairs from your own land.

Victor.


When you say 'the council' I guess you mean the planning authority. I doubt this would be upheld at apeal.
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Postby victor508 » Thu Apr 09, 2009 2:59 pm

[quote="victor508"]In our area the council insist on you keeping back from the boundary by 450mm , i think this should be nationwide
as it gives you access for repairs from your own land.

Victor.[/quote]

It looks like i am living in the past , i phoned planning today , they
used to recommend the 450mm and then architects started drawing
plans as such to make sure it got through planning. Then along
came an improvement called The party wall act which meant you
can build right to the boundary. Sorry for the misinformation but
i still say it would be good idea for everybody to keep back and so
reduce the need to access your neighbour's property.
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Postby lorna kemeys » Sat Jun 13, 2009 8:07 am

right speaking of councils can they be held responsible as well when the nfh has built his new house with the corner of it over the boundary line and the side of the house runs almost parrallel with the boundary line where may i ask will he put the boundary fence back up.i asked the council planning office that didnt they think the house was to close to my mothers property , no so how close is to close dont they actually check these things when granting planning permission it seems not.so does my mother own the corner of the new house can she ask them to remove the offending bricks off her land and can she send a rocket up the planning office. i hope im in the right forum as this covers walls and boundarys and the party wall act which i cant understand either. :twisted:
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Postby andrew54 » Sat Jun 13, 2009 9:24 am

Lorna, you need to understand that encroaching onto your property is nothing to do with planning. Maybe you think it should be, and maybe you are right, but the fact is that the council are not obliged to consider whose land is to be built on. It is nothing to do with the council.

If next-door start to build on your land, then you should stop them when the first bricks are laid. If necessary, you should have gone to court to apply for an injunction to stop the building work. Now that the house is built no-one will order it to be demolished, so don't waste your time trying. You might be able to get compensation, but that might involve expensive court action.

The party wall act was created to help people wanting to build very close to neighbours, but also giving you a chance to defend your property. Unfortunatley the people wanting to build can ignore the act and build anyway. The only thing you can do to prevent this build is court action at an early stage.
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Postby lorna kemeys » Sat Jun 13, 2009 11:32 am

thanks for quick reply court action is in progress as we speak.it is all a long story that i wont bore you with, this has been going on for quiet a long time our soliciter did suggest asking for the house to be knocked down but i myself cannot see that happening.but in principal dont you think that when a council has been asked for planning permission that they check out what actually belongs to the applicant as the nfh has basically lied as to the land he owns.my mother objected to the planning application on several points which i hasten to add have happened are still happening and nobody gives adam.all my mother wants is whats hers and a quiet life :cry:
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Postby andrew54 » Sat Jun 13, 2009 11:49 pm

Lorna, the planners do not take ownership into account. You might have agreed to this encroachment, the planners don't know. It is not a planning issue.
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Postby lorna kemeys » Sun Jun 14, 2009 5:45 am

yes i know they dont my point is dont you think they should.what is to stop the nfh suing the council because hes built to close to my mother or any of the other things he got wrong. it would cover their backs as well
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Postby victor508 » Sun Jun 14, 2009 10:23 am

Lorna,
As Andrew said councils do not bother themselves with land
ownership ,what they are saying when they allow planning , is
yes in principle your application is possible but before you start
you have to make sure you are building within your own boundaries.
In all honesty if councils did get involved in the legal side it would
grind planning to a halt ,they have to stick to a 8wk deadline , do you
know of anything of a legal nature that could be carried out in that
timescale.

Good Luck,

Victor.
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Postby kandy » Sun Jun 14, 2009 4:10 pm

I believe the planning process does take into account land ownership.
I can't remember exactly, but I think you have to fill out various 'certificates' when you submit your application and there is a different one if you don't own any land the application will be on/over. It is a criminal offence to misleadingly or recklessly complete this paperwork - so someone should be interested, but as usual getting a bureaucrat/public servant to do anything other than taking money off the taxpayer is nigh on impossible.
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