Is the wall a party wall

Abney
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Is the wall a party wall

Post by Abney » Tue Apr 10, 2018 12:20 pm

My neighbour has a single storey side extension to their house. They took down the original fence between our houses and had their extension built in 2004. The outer leaf of the wall is half on our side along the whole length, the foundations are also on our side. The eaves of the extension, fascias and guttering are completely on our side.

When they had their extension built they did not serve a party wall notice.

We are now planning on a double storey extension and will be building a new wall which will be completely on our side. There will be no overhang as guttering will fall to the front and back.

I want to find out if there is anything i can do about the overhang of their guttering and fascias. I understand that after 20 years they have a legal right to remain. Since they are over our land can we just remove them and tell them to re-arrange for guttering to be on their side, or is that illegal?

Also which party wall notice do i need to serve to them?

Thanks

Collaborate
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Re: Is the wall a party wall

Post by Collaborate » Tue Apr 10, 2018 6:39 pm

You may well be better off getting a surveyor involved and serving a PWA notice that you intend to use the existing party wall as part of your development. You'd have to come up with a system to sort out the drainage from both roofs.

Abney
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Re: Is the wall a party wall

Post by Abney » Tue Apr 10, 2018 7:12 pm

We've looked into using the existing wall for our extension, but since ours is going to be double storey we'd have to have their gutter as a box gutter on their side. We would also have to share the cost of the original wall and if damage occured to her internal wall again we d have to foot the bill. So to avoid all these issues its better to have our own wall.

Collaborate
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Re: Is the wall a party wall

Post by Collaborate » Wed Apr 11, 2018 6:48 am

But sharing the cost doesn't mean paying her for half the build cost - just maintenance going forward, and she'll have to pay for half of that too. The only reason you'd not use it is if the foundations aren't deep enough.

Abney
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Re: Is the wall a party wall

Post by Abney » Wed Apr 11, 2018 11:58 am

Good point, i dont think their foundations are deep enough as they only have a single storey.

despair
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Re: Is the wall a party wall

Post by despair » Wed Apr 11, 2018 1:05 pm

You need to find out from buildingbregs for thrir extention ...the wall should not be on your gound and the gutters etc should nit oversail your property

Abney
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Re: Is the wall a party wall

Post by Abney » Wed Apr 11, 2018 1:28 pm

Dont know how this got signed off. We can t ask them to move their wall but surely they could remove their overhang.
Just trying to find out if we removed the overhang ourselves would it be a criminal offence.

despair
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Re: Is the wall a party wall

Post by despair » Wed Apr 11, 2018 2:55 pm

You need to start asking very awkward questions down at planning dept and building regs

arborlad
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Re: Is the wall a party wall

Post by arborlad » Wed Apr 11, 2018 3:06 pm

Abney wrote:
Tue Apr 10, 2018 12:20 pm
. They took down the original fence between our houses and had their extension built in 2004.


Can you clarify who owned your property when this happened?
arborlad

smile...it confuses people

Abney
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Re: Is the wall a party wall

Post by Abney » Wed Apr 11, 2018 3:15 pm

We did, but hadnt moved in.
Last edited by Abney on Wed Apr 11, 2018 3:19 pm, edited 1 time in total.

Abney
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Re: Is the wall a party wall

Post by Abney » Wed Apr 11, 2018 3:18 pm

despair wrote:
Wed Apr 11, 2018 2:55 pm
You need to start asking very awkward questions down at planning dept and building regs
Ive already contacted the planning dept who basically say its nothing to do with them now and its a civil matter.

despair
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Re: Is the wall a party wall

Post by despair » Wed Apr 11, 2018 8:19 pm

Building regs should have been adhered to and checked

Do you have Legal Expenses Cover anywhere on mortgages,insurances, credit cards

Abney
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Re: Is the wall a party wall

Post by Abney » Fri Apr 13, 2018 10:46 am

We have legal cover with our insurance but i dont see how it covers this as the actual treepass happened years ago. Unless we go ahead and take off the overhang and then our neighbours take action over this.

Since their foundations are on our side, can anyone advise how we would go about doing ours, would we need to dig below theirs? I understand one of the party notices is excavating with 3m and below the bottom of their foundations.

We have also been thinking along the lines to maybe they can leave the guttering where it is but need to somehow make it more compact. After our extension is built there will be a gap between both our building which could potentially cause issues. Are there any other ways the gap can be dealt with? Could there be problems in the future if we left the overhang?

arborlad
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Re: Is the wall a party wall

Post by arborlad » Fri Apr 13, 2018 4:11 pm

Abney wrote:
Tue Apr 10, 2018 7:12 pm
We've looked into using the existing wall for our extension, but since ours is going to be double storey we'd have to have their gutter as a box gutter on their side. We would also have to share the cost of the original wall and if damage occured to her internal wall again we d have to foot the bill. So to avoid all these issues its better to have our own wall.


Rarely is that the case and you're going to end up with a smaller extension than you could have. The wall is certainly located and constructed as though it were a party wall and done at a time when planning may have had a requirement that the footing be sufficient for a two storey extension, would your neighbours now like an extra floor?

A simple test pit will verify the depths of the footing.
arborlad

smile...it confuses people

despair
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Re: Is the wall a party wall

Post by despair » Fri Apr 13, 2018 4:28 pm

Arborlad is correct and to have 2 walls that vlose together is asking for trouble ...damp, leaves you name it

Far better to dig a test pit and check foundations and if nessecary strengthen them and build up on the party wall ...altering the guttering etc is a doddle for any competant builder

Just be sure you get a really good and properly insured builder

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