Party Wall Help Needed

Party Wall Help Needed

Postby mitzy » Mon Dec 11, 2017 3:28 pm

I live in a semi-detached property and my neighbours (not attached) want to build a 2 storey side extension, they have kept me informed about what they were planning - which is to build extension directly next to the party wall between us.

They gained planning permission for their extension last week and they have now informed me that they want to knock down the party wall and have their extension wall as the new boundary wall.

My problem is that the existing party wall is the outer wall to my garage.

Could anyone tell me please whether the knocking down of the wall is covered by the Party Wall Act?

Thank you in anticipation.
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Re: Party Wall Help Needed

Postby Collaborate » Mon Dec 11, 2017 9:53 pm

As the wall you describe is a party wall then yes, it is subject to the Act. You can appoint at their cost a surveyor to represent your interests. You can also scupper their plans if they depend on having eaves or guttering on your side of the boundary.
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Re: Party Wall Help Needed

Postby mitzy » Tue Dec 12, 2017 10:33 am

Thanks for reply collaborate

When they were building against party wall there was no issue with eaves and guttering overhanging boundary - will have to look into this again now because of their new plan to knock down party wall.

Regards
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Re: Party Wall Help Needed

Postby Collaborate » Tue Dec 12, 2017 11:09 am

Look at this advice generally https://www.gov.uk/government/uploads/s ... ooklet.pdf

Also look at s1 of the PWA https://www.legislation.gov.uk/ukpga/1996/40/section/1

This states under s1(4) that if you don't consent they must build the new wall wholly on their own land.

But note s2(e), which then says they may demolish and rebuild the wall high enough for their purposes https://www.legislation.gov.uk/ukpga/1996/40/section/2 - so the gives them a route in.

Check your deeds to make sure that the existing garage wall is party - if it sits wholly on your land they can not do anything with it.

Sounds like you will need to appoint your own surveyor, at their cost, to represent your interests. There are issues affecting the structural integrity of your garage, security, compensation for you losing the use of your garage, drainage from the roof, and security in case anything goes awry. Your surveyor should be able to negotiate all of this for you.
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Re: Party Wall Help Needed

Postby arborlad » Tue Dec 12, 2017 11:30 am

mitzy wrote:I live in a semi-detached property and my neighbours (not attached) want to build a 2 storey side extension, they have kept me informed about what they were planning - which is to build extension directly next to the party wall between us.

They gained planning permission for their extension last week and they have now informed me that they want to knock down the party wall and have their extension wall as the new boundary wall.

My problem is that the existing party wall is the outer wall to my garage.

Could anyone tell me please whether the knocking down of the wall is covered by the Party Wall Act?

Thank you in anticipation.




Is this the same garage and wall? viewtopic.php?f=4&t=19138
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Re: Party Wall Help Needed

Postby mitzy » Tue Dec 12, 2017 4:57 pm

Hi arborlad

Yes it is the same garage and wall.

Because it kept coming up as an issue within their plans in August 2016 I had my garage roof altered - at my cost - which completely removed the overhang onto their property, this then gave them the clearance they needed to put up their extension next to the party wall.

At the time they were happy that the overhang had been removed and they could proceed with their plans - which is why it has come as a shock that they now want to completely knock the wall down.

Regards
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Re: Party Wall Help Needed

Postby mitzy » Tue Dec 12, 2017 6:11 pm

Hi Collaborate

Thank you for the information.

The wall in question is double brick thickness and my side has pillars built into it but no pillars on their side so I am now wondering if my side has been built at a later date to accommodate the garage roof.

You are right I need to get my own surveyor involved as their are too many questions that need answering on this subject.

Regards
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Re: Party Wall Help Needed

Postby despair » Tue Dec 12, 2017 6:56 pm

They are greedy and want more space ....ie yours
You need a tough PWA surveyor to fight your corner fast all at their cost
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Re: Party Wall Help Needed

Postby Collaborate » Wed Dec 13, 2017 12:13 am

What makes you think this is a wall not built wholly on your side of the boundary?
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Re: Party Wall Help Needed

Postby ukmicky » Wed Dec 13, 2017 1:24 am

If it is a party wall the act allows them to raise it and enclose upon it but knock it down for no reason other than to build an extension is another matter entirely .


I take it they have issued you with a party wall notice, if not tell them to do so . When they do you can get a PW surveyor at their cost.

What makes you think its a party wall ,it being double thickness has no bearing on ownership.


.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Party Wall Help Needed

Postby Collaborate » Wed Dec 13, 2017 8:19 am

ukmicky wrote:If it is a party wall the act allows them to raise it and enclose upon it but knock it down for no reason other than to build an extension is another matter entirely .

.


s2 of the PWA says:
(2)A building owner shall have the following rights—
(b)to make good, repair, or demolish and rebuild, a party structure or party fence wall in a case where such work is necessary on account of defect or want of repair of the structure or wall;

I had missed the reference to demolition being necessary due to defect or want of repair, so you are quite correct that OP's neighbour cannot demolish the wall.

OP - you must immediately write to them (email - text - anything that can be proven you've sent it) to say that they must not carry out any works to the wall, that its status as a party wall is unclear, that they are proposing works caught by the PWA and that you want to appoint your own surveyor, at your cost, under the Act.
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Re: Party Wall Help Needed

Postby MacadamB53 » Wed Dec 13, 2017 9:11 am

mitzy wrote:Hi arborlad

Yes it is the same garage and wall.

Because it kept coming up as an issue within their plans in August 2016 I had my garage roof altered - at my cost - which completely removed the overhang onto their property, this then gave them the clearance they needed to put up their extension next to the party wall.

At the time they were happy that the overhang had been removed and they could proceed with their plans - which is why it has come as a shock that they now want to completely knock the wall down.

Regards
I thought this was a party wall, though? ie it straddles the boundary - in which case that ‘overhang’ wasn’t yours to remove...

...please explain.

kind regards, Mac
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Re: Party Wall Help Needed

Postby mitzy » Wed Dec 13, 2017 12:40 pm

Hi Mac
My house deeds state 'the walls and/or fences dividing the said premises from adjoining premises now or formerly belonging to the vendor being hereby declared to be party walls and/or fences'
I have took this to mean that the wall is shared between us.
Does that mean then if it is classed as a party wall and not a boundary wall the overhang technically belonged to them because it was in their airspace?
Sorry to sound a bit muddled but this is completely new territory for me (my head is spinning).
Regards
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Re: Party Wall Help Needed

Postby MacadamB53 » Wed Dec 13, 2017 1:04 pm

mitzy wrote:Hi Mac
My house deeds state 'the walls and/or fences dividing the said premises from adjoining premises now or formerly belonging to the vendor being hereby declared to be party walls and/or fences'
I have took this to mean that the wall is shared between us.
Does that mean then if it is classed as a party wall and not a boundary wall the overhang technically belonged to them because it was in their airspace?
Sorry to sound a bit muddled but this is completely new territory for me (my head is spinning).
Regards
it means you only own part of those walls and fences which are still standing from the time that declaration was made - the near side.

was you garage built later, though?

kind regards, Mac
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Re: Party Wall Help Needed

Postby arborlad » Wed Dec 13, 2017 1:32 pm

mitzy wrote:Hi arborlad

Yes it is the same garage and wall.

Because it kept coming up as an issue within their plans in August 2016 I had my garage roof altered - at my cost - which completely removed the overhang onto their property, this then gave them the clearance they needed to put up their extension next to the party wall.

At the time they were happy that the overhang had been removed and they could proceed with their plans - which is why it has come as a shock that they now want to completely knock the wall down.

Regards




My understanding is it is your property in their airspace, if removal of it was required to facilitate their development then all costs should have been borne by the neighbour and that doesn't include the removal of your wall.
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