Enclosing on a neighbours wall within his boundary

Enclosing on a neighbours wall within his boundary

Postby SimonC » Sat May 06, 2017 11:34 am

Hello,

We are building a side and rear extension on our Semi. Along our open boundary our neighbour already has an extension, and we would like to enclose on that wall to maximise space, and also to ensure there is no gap that may lead to damp.

His boundary wall was originally his garage that has been converted, so it is all within his land, so I understand this is not a Party Wall. We are on good terms and I am happy to pay him as we are saving money, what is the best way to legally go about this, I am not clear as it is currently not a Party Wall. Would we have to somehow declare it as a Party wall, and would this in effect move the boundary 150mm into his wall?

For compensation I was thinking of half the cost of the wall as per Party Wall Act, does this seem fair? Their guttering does overhang, so I need to sort that at my cost (our felt roof on our garage does the same on his land).

Thanks in advance,

Simon
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Re: Enclosing on a neighbours wall within his boundary

Postby MacadamB53 » Sat May 06, 2017 1:56 pm

Hi SimonC,

what you describe is a Type B Party Wall as defined by the PWA - the wall stands wholly on the land of one owner and is used as part of a structure on the adjoining owner's land.

it doesn't mean the boundary moves - the PWA doesn't do that.

you're basically asking your neighbour if he will allow you to use his wall as part of your building.

Kind regards, Mac
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Re: Enclosing on a neighbours wall within his boundary

Postby despair » Sat May 06, 2017 2:20 pm

Utterly vital you get all agreement in writing
witnessed and signed to save aggro later
be very sure a competant surveyor explains all the options to you both
if your able to offer a carrot or 2 to your neighbour for their co operation would be good
ie ...instead of problematic flat roofs
consider a pitch roof for both ...not really that costly and a 40 yr life if done correctly
be very very sure you have a truly good builder do all the work
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Re: Enclosing on a neighbours wall within his boundary

Postby arborlad » Sun Aug 13, 2017 5:54 pm

Best continued here:


SimonC wrote:Hello,

I have tried to find an answer to this but have failed!

I am building an extension to my Semi, and my neighbour as agreed to me using the wall of is existing extension along our boundary as the external wall of my new extension. His existing wall is all within his boundary - so is not an existing Party Wall. It runs along side my existing driveway. I plan to build a single 100mm brick wall to form a cavity along his wall, so save the space of a full cavity wall.

How exactly do I go about legally converting this to a Type B Party Wall? I cant find much about it in the guidance booklet or example notices. What notice would I send?

I am very keen to be fair with him so was thinking of paying him half the cost of building the poriton of the wall I am going to use. Is that normal?

Many thanks in advance,

Simon
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Re: Enclosing on a neighbours wall within his boundary

Postby arborlad » Sun Aug 13, 2017 6:00 pm

SimonC wrote:His boundary wall was originally his garage that has been converted,




A lot would depend on how the conversion took place whether that wall is suitable.
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Re: Enclosing on a neighbours wall within his boundary

Postby ukmicky » Sun Aug 13, 2017 9:36 pm

Is his wall double skinned.

its not advisable to use a single skin wall as a internal wall between 2 properties. It would be better to build a second skin alongside and weatherproof above which is a very simple thing to do. .
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Enclosing on a neighbours wall within his boundary

Postby jdfi » Mon Aug 14, 2017 5:50 am

ukmicky wrote:Is his wall double skinned.

its not advisable to use a single skin wall as a internal wall between 2 properties. It would be better to build a second skin alongside and weatherproof above which is a very simple thing to do. .


And perhaps the OP pays for cavity wall insulation for this gap.
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Re: Enclosing on a neighbours wall within his boundary

Postby SimonC » Mon Aug 14, 2017 8:31 am

Thanks all,

the wall in question was a garage, but has been converted into a bedroom and utility room, so was made into a fully building regs compliant cavity wall with insulation in the cavity.

On my side of the wall there is currently nothing attached - just my driveway. Because nothing is attached to that wall currently, from my reading of the guidance around the party wall act, it is not a Type B Party wall - it is just simply his wall on his land that I have no automatic right to.

My assumption is that if he allows me to build up to is and use it as the external skin of my extension, at that stage it would become a type B Party wall. If I am correct (and please let me know if I am not), do I just simply need a written agreement that I could draft, stating that he allows me to do that in return for £x, and that I will pay for the adjustment to his roof to joint our two together? Hi is flat with no guttering along that elevation, and I am planning a pitched roof, so would need to install a box gutter.

Thanks,

Simon
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