Shed attached to party wall

tiberius44
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Shed attached to party wall

Post by tiberius44 »

Hi,
I have a "lovely" neighbor who attached a over a 6 foot shed to my garage wall which forms part of the boundary and is marked in the deeds as a party wall.
It would not bother me at all and I didnt even know until I notice the wall is getting very damped after raining. So after having a look in his garden he used my garage wall as the back of his shed and used some black glue like material to glue the roof to the part wall.
Is not a huge shed and it would not bother me but when it rains all the water drips down the wall.
Is this normal? Can I ask him to remove?
He is also disputing boundaries so it will come at a worst time but I dont want my walls damaged.
MacadamB53
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Re: Shed attached to party wall

Post by MacadamB53 »

hi tiberius44,

I have a "lovely" neighbor who attached a over a 6 foot shed to my garage wall which forms part of the boundary and is marked in the deeds as a party wall

so it’s not “your” garage wall then, it’s a party wall - which means it straddles the boundary and is part-owned by the neighbour.

kind regards, Mac
Collaborate
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Re: Shed attached to party wall

Post by Collaborate »

In allowing the water to drain on to the wall like they are they may be causing a nuisance but beyond that I cannot assist.
tiberius44
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Re: Shed attached to party wall

Post by tiberius44 »

Collaborate wrote: Sat Jan 08, 2022 11:19 pm so it’s not “your” garage wall then, it’s a party wall - which means it straddles the boundary and is part-owned by the neighbor.
Hi is marked as a party wall in the deeds but so is his front of the house wall.
I thought sheds should be positioned at least 2 m away from buildings (garage is connected to my house too).
Yes you are correct is part owned by the neighbor and both have to contribute to costs of repairing but the shed is causing damage why should I have to pay half for his actions?
MacadamB53
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Re: Shed attached to party wall

Post by MacadamB53 »

hi tiberius44,

both have to contribute to costs of repairing

unless you were the original party who created a covenant that stated the above, you are mistaken - neither party has to do anything…

kind regards, Mac
tiberius44
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Re: Shed attached to party wall

Post by tiberius44 »

Thank you Mac but if the wall gets damaged from water because is part of my garage who has to pay for repair? And now if I wanted to repair it I couldn't because of the shed. Yes is in the covenants the share cost of repair. But thats strange we both share it than who repairs it?

Please correct me if I m wrong but I think I might have found the answer and a call to the Building Control will resolve this:
sheds are indeed outbuildings.

conservatories are not outbuildings - and never have been.

an outbuilding is a separate building which is not attached to the dwelling house.

you've built yourself a timber side extension - this is in breach of planning law as such an extension on a brick house requires planning permission.
Is not a dwelling house my garage but the neighbor has effective built a timber extension of the garage wall (it is my garage after all is just the wall that is shared)
Surely does an extension not require a Party Wall? I just checked the wall again inside my garage and is super wet. It rained heavy yesterday.

Not only that but we had fires in nearby woods recently. A fire spark sets fire to the shed my garage and my house which is connected to the garage goes up in flames too? It does not seem right to me,

Kind regards
horace25
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Re: Shed attached to party wall

Post by horace25 »

Correct me if im wrong but if he built it on party wall,doesnt he have to have an agrement signed by both parties that it was ok to build against/on the party wall?
IdefixUK
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Re: Shed attached to party wall

Post by IdefixUK »

tiberius44 wrote: Sat Jan 08, 2022 11:42 am I have a "lovely" neighbor who attached a over a 6 foot shed to my garage wall which forms part of the boundary and is marked in the deeds as a party wall.
tiberius44,
Please share the wording in the deeds and the plan which you rely upon to make this a party wall (and for the front wall of the neighbour's house that you mention in one of your posts).

Regards
ukmicky
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Re: Shed attached to party wall

Post by ukmicky »

MacadamB53 wrote: Sun Jan 09, 2022 1:27 pm hi tiberius44,

both have to contribute to costs of repairing

unless you were the original party who created a covenant that stated the above, you are mistaken - neither party has to do anything…

kind regards, Mac
If it’s a brick wall and a party fence wall ,the party Act says both sides are responsible.
Any information provided is not legal advice and you are advised to gain a professional opinion
MacadamB53
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Re: Shed attached to party wall

Post by MacadamB53 »

ukmicky wrote: Mon Jan 10, 2022 11:53 pm
MacadamB53 wrote: Sun Jan 09, 2022 1:27 pm hi tiberius44,

both have to contribute to costs of repairing

unless you were the original party who created a covenant that stated the above, you are mistaken - neither party has to do anything…

kind regards, Mac
If it’s a brick wall and a party fence wall ,the party Act says both sides are responsible.
does the Party Act go as far as stating a party wall MUST be repaired?
Collaborate
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Re: Shed attached to party wall

Post by Collaborate »

No but it gives a mechanism whereby either side can appoint a surveyor who can determine the necessary works and decide how they are funded.
MacadamB53
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Re: Shed attached to party wall

Post by MacadamB53 »

Collaborate wrote: Tue Jan 11, 2022 9:24 amNo but it gives a mechanism whereby either side can appoint a surveyor who can determine the necessary works and decide how they are funded.
surveyor would only be appointed if a Party Wall dispute arose - ie neighbour didn’t consent after receiving notice from OP (or vice versa)…

…why the neighbour would opt for such a route, if they’re not wanting to contribute, is debatable…

in short, doesn’t present a scenario for OP to force neighbour to contribute.

kind regards, Mac
Collaborate
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Re: Shed attached to party wall

Post by Collaborate »

Hi Mac

Not sure why you think I am suggesting the neighbour would want to invoke the Act. I am merely saying you are wrong that the PWA doesn't provide a mechanism by which the neighbour can be forced to contribute. It does.

See here: https://www.gov.uk/government/publicati ... arty-walls

The following is a selected extract from that page.
What the Act covers...
work to an existing party wall or party structure

Part 2: Building owners
Work on existing party walls (section 2 of the Act)

4. What are my rights under the Act if I want to do work on an existing party wall?
The Act provides a Building Owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights.

Section 2 of the Act lists what work can be done. The most commonly used rights are:

to repair a party wall
to insert a damp proof course
to underpin the whole thickness of a party wall (for example, to prevent settlement)
to cut into a party wall to take the bearing of a beam (for example for a loft conversion)
to raise the height of a party wall (for example, adding another storey)
to extend a party wall downwards (for example, to form a basement)
to demolish and rebuild a party wall (for example, if it is structurally defective)
to underpin the whole thickness of a party wall (for example, to form a basement)
to cut off projections from a party wall (or from an adjoining owner’s boundary or external wall) if necessary to build a new wall adjacent to that wall (for example, removing a chimney breast)

Where party walls and structures are modified, repaired, or demolished and rebuilt (s.2(2)(a) and (b) of the Act) section 11(4) and (5) provides that the cost of the work shall be shared where the work is necessary on account of defect or want of repair, in proportion to the use each party makes of the structure or wall and the responsibility of each for the defect or want of repair concerned.
So, it appears that a surveyor, if they find OP is right and the neighbour is entirely responsible for the damp and the need to repair, can require the neighbour to fund 100% of the cost or the works.
MacadamB53
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Re: Shed attached to party wall

Post by MacadamB53 »

Collaborate wrote: Tue Jan 11, 2022 11:14 am Hi Mac

Not sure why you think I am suggesting the neighbour would want to invoke the Act. I am merely saying you are wrong that the PWA doesn't provide a mechanism by which the neighbour can be forced to contribute. It does.

See here: https://www.gov.uk/government/publicati ... arty-walls

The following is a selected extract from that page.
What the Act covers...
work to an existing party wall or party structure

Part 2: Building owners
Work on existing party walls (section 2 of the Act)

4. What are my rights under the Act if I want to do work on an existing party wall?
The Act provides a Building Owner, who wishes to carry out various sorts of work to an existing party wall, with additional rights going beyond ordinary common law rights.

Section 2 of the Act lists what work can be done. The most commonly used rights are:

to repair a party wall
to insert a damp proof course
to underpin the whole thickness of a party wall (for example, to prevent settlement)
to cut into a party wall to take the bearing of a beam (for example for a loft conversion)
to raise the height of a party wall (for example, adding another storey)
to extend a party wall downwards (for example, to form a basement)
to demolish and rebuild a party wall (for example, if it is structurally defective)
to underpin the whole thickness of a party wall (for example, to form a basement)
to cut off projections from a party wall (or from an adjoining owner’s boundary or external wall) if necessary to build a new wall adjacent to that wall (for example, removing a chimney breast)

Where party walls and structures are modified, repaired, or demolished and rebuilt (s.2(2)(a) and (b) of the Act) section 11(4) and (5) provides that the cost of the work shall be shared where the work is necessary on account of defect or want of repair, in proportion to the use each party makes of the structure or wall and the responsibility of each for the defect or want of repair concerned.
So, it appears that a surveyor, if they find OP is right and the neighbour is entirely responsible for the damp and the need to repair, can require the neighbour to fund 100% of the cost or the works.
I understand.

however, the circumstances under which a surveyor is engaged are not going to happen - the neighbour isn’t going to send the OP a PW notice before carrying out repairs (because they have no intention of carrying out repairs) and the neighbour isn’t going to challenge the OP if they receive a PW notice from the OP regarding repairs the OP intends on carrying out (because they’re happy for the OP to repair).

have I missed something?
Collaborate
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Re: Shed attached to party wall

Post by Collaborate »

MacadamB53 wrote: Tue Jan 11, 2022 1:50 pm

however, the circumstances under which a surveyor is engaged are not going to happen - the neighbour isn’t going to send the OP a PW notice before carrying out repairs (because they have no intention of carrying out repairs) and the neighbour isn’t going to challenge the OP if they receive a PW notice from the OP regarding repairs the OP intends on carrying out (because they’re happy for the OP to repair).

have I missed something?
Yes you have. OP can serve notice under the PWA and the surveyor can apportion the cost of works as they see fit. Unless OP has omitted anything of significance the cost is likely to fall entirely upon the neighbour.
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