Help advice regarding a balcony

MacadamB53
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Re: Help advice regarding a balcony

Post by MacadamB53 »

IdefixUK wrote: Mon Mar 29, 2021 9:20 pm liamb2021,
We dont know how wide this lip is on the existing wall. Would it be possible to place a beam along the lip without attaching it to the wall given that it couldn't move due to other cross beams going over your property? The front safety railing could be supported by a large "L" bracket screwed down through the flooring into that first beam on the wall. If this is possible, my own thoughts are that there could be no way the PWA can apply because you would not be drilling or changing the wall in anyway. As for rendering the wall the PWA considers this sort of work (well plastering in any case) as not falling under the Act. I would question, however, if the wall above the level of the floor of the balcony is techically a party wall, my thoughts are that this section of the wall should not be touched by you as it belongs to the neighbour and is not a party wall.There cannot be any serious doubt that your property (especially your balcony) has a right of support from the wall.
I should say that I've previously had differences of opinion with other posters about the application of the PWA. So don't be shocked by the responses.
In pracical terms your neighbour may not try to stop your rebuild in any case, I think I would seriously consider just getting the job done....he's more likely to complain about the extra few centimetres you wrote about than the rebuild of the previous structure.

Good luck.
the OP has made it clear that the entire wall is part of his neighbour’s property - including that part with a “lip” on which his old balcony sat.
ukmicky
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Re: Help advice regarding a balcony

Post by ukmicky »

So the way I see it is this.

Firstly you have the right of support as you previously had a balcony which sat on the wall so the neighbour can’t object to you putting a new balcony up using the wall as support ,there can be no argument there.

If you could simply put the balcony on the stepped out part of the wall so it was held by its own weight there would be no need to even consider the party wall act as you have a right to use it as support for your balcony.

The reason you may need to consider the party wall act is if you need to physically attach the balcony to the wall using bolts or screws . However I can go into my house and bolt something to the party wall Type A I share with my neighbour and do not need to use the party wall act as it’s classed as minors works . It being a party wall type B doesn’t change what is classed as minor works so I’m of the opinion you do not need to use the party wall act. If you were to cut into the wall remove bricks then that would be different as that work that is interfering with the structure of the wall and can’t be classed as minor works

I personally would just go ahead without the party wall act . I would probably however let the neighbour know I was having work performed on my balcony. . That small wall however are you sure it’s not yours.
Any information provided is not legal advice and you are advised to gain a professional opinion
Chunga
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Re: Help advice regarding a balcony

Post by Chunga »

Since you have described the neighbour as difficult, you have no real alternative but to employ a party wall surveyor. This will be expensive in terms of the total cost of the repairs. But your neighbour could employ his own party wall surveyor and that might lead to litigation, which would be far more expensive. You must keep your neighbour informed at all times. If the repair is as straightforward as you make out, you should have little difficulty.
arborlad
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Re: Help advice regarding a balcony

Post by arborlad »

liamb2021 wrote: Sun Mar 28, 2021 10:33 pm
Until recently the backroom door lead into a balcony which was rotting so we have recently decided to rip it down.....................



How old are the properties, has there always been a balcony there?
arborlad

smile...it confuses people
ukmicky
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Re: Help advice regarding a balcony

Post by ukmicky »

Chunga wrote: Sat Apr 03, 2021 1:03 pm Since you have described the neighbour as difficult, you have no real alternative but to employ a party wall surveyor. This will be expensive in terms of the total cost of the repairs. But your neighbour could employ his own party wall surveyor and that might lead to litigation, which would be far more expensive. You must keep your neighbour informed at all times. If the repair is as straightforward as you make out, you should have little difficulty.
Why is a party wall surveyor required ..
Any information provided is not legal advice and you are advised to gain a professional opinion
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