Help with difficult neighbours and Party Wall Act
Discussion
Just to be clear. I am more than happy to have further conciliatory meetings with the neighbours to find suitable compromise! When I handed in the notice I spoke to the neighbour and went through the plans. I have also had a further meeting with neighbour and daughter and I set this up with the builder so that they could both ask questions etc. My intention is to facilitate further meetings if need be.
The property we live, in to accommodate the second storey at the rear will be a dormer and the new roof will be raised 50 cm to accommodate this. The front roof will be the same existing height. From the front it will still occupy the same amount of land as ultimately it is an L shaped extension whereby the garage wall (at the boundary as per original build) will be longer and taller at the rear. From a vantage perspective looking from the top of the street it will still appear as a bungalow- certainly not a monstrosity! Also on our street there have been another 3 properties that have been extended considerably- it's not a precedent.
The distance between both properties to the boundary wall is circa 2 metres. I accept and understand the neighbour not giving me access if that is where I stand from a legal perspective (but wanted to check this), no issues (although admittedly not ideal for obvious reasons). It was just the daughter's insistence that I cannot build the extension as per plans, despite approval which flummoxed me.
The property we live, in to accommodate the second storey at the rear will be a dormer and the new roof will be raised 50 cm to accommodate this. The front roof will be the same existing height. From the front it will still occupy the same amount of land as ultimately it is an L shaped extension whereby the garage wall (at the boundary as per original build) will be longer and taller at the rear. From a vantage perspective looking from the top of the street it will still appear as a bungalow- certainly not a monstrosity! Also on our street there have been another 3 properties that have been extended considerably- it's not a precedent.
The distance between both properties to the boundary wall is circa 2 metres. I accept and understand the neighbour not giving me access if that is where I stand from a legal perspective (but wanted to check this), no issues (although admittedly not ideal for obvious reasons). It was just the daughter's insistence that I cannot build the extension as per plans, despite approval which flummoxed me.
DaveA8 said:
The part where they seem to think their neighbours are unreasonable because they don’t want his scaffolding in their garden.
It’s the other posters build, it confounds me how when someone is about to build suddenly all neighbours should be one big happy accommodative family.
We all that the builder will whatever to get cracking and then just do as they wish whether it’s working hours, noise, dirt or parking
The builder will tell both the client and the neighbours that he’s putting his top project manager on this one, in reality that’s Darren who was happily sawing wood 6 months ago but now has extensive experience or he only uses the best and most considerate subbies, in other words he will allow them to carry on as they like whether that’s noise, dust or parking because he is frightened that if he asks them to be considerate that they’ll look elsewhere
Your builders will damage or destroy your neighbours property and then deny it, they will be loud, inconsiderate and your neighbour will end up being their own building control.
I bet in the so called meeting you had the builder said the dreaded words “ this isn’t our first rodeo”, those crininge worthy words about sum it up.
I feel for the other posters neighbours as whilst they may not not the specifics of what’s ahead, intuitively his actions to date give them a flavour of it.
That the other poster doesn’t see that his Architect, builder and all the subbies are a cabal and no one in that crew cares for the longer term relationships of him and his neighbours,
His build is his thing, it shouldn’t impinge beyond what is reasonable on his neighbour
Dave, I'd like to hear about what you've been through to form this negative view.It’s the other posters build, it confounds me how when someone is about to build suddenly all neighbours should be one big happy accommodative family.
We all that the builder will whatever to get cracking and then just do as they wish whether it’s working hours, noise, dirt or parking
The builder will tell both the client and the neighbours that he’s putting his top project manager on this one, in reality that’s Darren who was happily sawing wood 6 months ago but now has extensive experience or he only uses the best and most considerate subbies, in other words he will allow them to carry on as they like whether that’s noise, dust or parking because he is frightened that if he asks them to be considerate that they’ll look elsewhere
Your builders will damage or destroy your neighbours property and then deny it, they will be loud, inconsiderate and your neighbour will end up being their own building control.
I bet in the so called meeting you had the builder said the dreaded words “ this isn’t our first rodeo”, those crininge worthy words about sum it up.
I feel for the other posters neighbours as whilst they may not not the specifics of what’s ahead, intuitively his actions to date give them a flavour of it.
That the other poster doesn’t see that his Architect, builder and all the subbies are a cabal and no one in that crew cares for the longer term relationships of him and his neighbours,
His build is his thing, it shouldn’t impinge beyond what is reasonable on his neighbour
SmoothCriminal said:
Always puzzles me why people buy single story bungalows which there aren't a great deal of and then add second stories to it.
I thought the whole point of a bungalow was to be single story.
Mostly because of the size of plot and/or location. Plot sizes have shrunk a lot over past 50 years… I thought the whole point of a bungalow was to be single story.
whatxd said:
Dave, I'd like to hear about what you've been through to form this negative view.
A number of instances both commercial and at home, at home next door got planning for a large build including excavation below existing foundations but it was all outside the parameters of the party wall as it was out the 6m ( I think that’s the distance) , they kept posting stupid party wall notices by hand through the letter box and I asked them what section of the act they were referring to, I know that all they wanted was to try and make the thing look more official.Broken promises on staying with the correct working hours, noise outside of those hours, inconsiderate parking or deliveries blocking access and stupid comments like we’ll be 10mins despite plenty of room to deliver at the front of the house, damage to property from deliveries, damage to my fencing despite being nowhere near the actual build, a lorry knocking down my gatepost and driving off and every one denying it until I offered the cctv
Radio’s 20m from my boundary but over 90db
Builders are glib, I was disinterested in the neighbour but now I positively despise them because I predicted this at the impromptu meeting and it went that way
PlywoodPascal said:
SmoothCriminal said:
Always puzzles me why people buy single story bungalows which there aren't a great deal of and then add second stories to it.
I thought the whole point of a bungalow was to be single story.
Mostly because of the size of plot and/or location. Plot sizes have shrunk a lot over past 50 years… I thought the whole point of a bungalow was to be single story.
If you can’t reach an agreement with the neighbour you have a party wall dispute and will need to appoint a surveyor to determine it. You may also need to pay for a surveyor to act for your neighbour.
https://www.gov.uk/party-walls-building-works/if-y...
Scaffolding on your neighbours land will cause damage and intrude on their use of their garden. A wall built overhand will be unsightly. So whatever happens this work is going to inconvenience your neighbour. That isn’t really fair since they get nothing out of it.
Your neighbour isn’t being awkward by flagging that and you really should try to see their point of view. The Party Wall Agreement will need to solve these problems, so you might as well try to solve them upfront.
https://www.gov.uk/party-walls-building-works/if-y...
Scaffolding on your neighbours land will cause damage and intrude on their use of their garden. A wall built overhand will be unsightly. So whatever happens this work is going to inconvenience your neighbour. That isn’t really fair since they get nothing out of it.
Your neighbour isn’t being awkward by flagging that and you really should try to see their point of view. The Party Wall Agreement will need to solve these problems, so you might as well try to solve them upfront.
DaveA8 said:
whatxd said:
Dave, I'd like to hear about what you've been through to form this negative view.
A number of instances both commercial and at home, at home next door got planning for a large build including excavation below existing foundations but it was all outside the parameters of the party wall as it was out the 6m ( I think that’s the distance) , they kept posting stupid party wall notices by hand through the letter box and I asked them what section of the act they were referring to, I know that all they wanted was to try and make the thing look more official.Broken promises on staying with the correct working hours, noise outside of those hours, inconsiderate parking or deliveries blocking access and stupid comments like we’ll be 10mins despite plenty of room to deliver at the front of the house, damage to property from deliveries, damage to my fencing despite being nowhere near the actual build, a lorry knocking down my gatepost and driving off and every one denying it until I offered the cctv
Radio’s 20m from my boundary but over 90db
Builders are glib, I was disinterested in the neighbour but now I positively despise them because I predicted this at the impromptu meeting and it went that way
We ended up letting them use our garden as parking over the summer.
We made it work with lots of bottles of wine and spirits, lots of apologies, and being very quick to make amends where we had wronged!
Edited by Andeh1 on Sunday 12th May 12:37
Cow Corner said:
QuickQuack said:
Much as they don't have the right to stop you building your extension, you don't have the right to set foot on their land to build it, or even to have your extension protrude over into their land. If you needed access to their land,.
If you are going to chip in on a threat about the Party Wall Matters, it might be a good idea to have some knowledge about it.I don’t have time for a derailed response OP, but there is a lot of rubbish being spouted on this thread.
See my reply above: take some professional advice and follow the Party Wall Act.
The Party Wall etc Act 1996: explanatory booklet
Party Wall Act booklet on gov.uk said:
New building on the boundary line between neighbouring pieces of land (Section 1 of the Act)
22. What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the boundary without your neighbour’s consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
23. How long in advance do I have to serve the notice?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
24. What happens after I serve notice about building astride the boundary line?
If the Adjoining Owner consents within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall should be shared between the owners in proportion to the use of that wall made or to be made by each owner.
The consent must be by a notice in writing. It is strongly advisable that it should record details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent in writing within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. You will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” (see Appendix A) under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.
27. What about access to neighbouring property?
See paragraph 20.
20. What about access to neighbouring property?
Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.
You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.
According to that, unless the neighbour consents, OP, and others for that matter, can't build astride the boundary and must build on their own land. While building wholly on their own land and wholly at their own cost, they do not have the protection of the Party Wall Act for access and may not be able to finish a wall as best as they wish to if the non-statutory access for these walls is denied by the neighbour. Statutory access for party walls is strictly limited in its scope and does not include new walls which have not been consented to.22. What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the boundary without your neighbour’s consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
23. How long in advance do I have to serve the notice?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
24. What happens after I serve notice about building astride the boundary line?
If the Adjoining Owner consents within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall should be shared between the owners in proportion to the use of that wall made or to be made by each owner.
The consent must be by a notice in writing. It is strongly advisable that it should record details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent in writing within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. You will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” (see Appendix A) under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.
27. What about access to neighbouring property?
See paragraph 20.
20. What about access to neighbouring property?
Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.
You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.
Indeed, subsection 8 of the Act itself says:
Part Wall Act 1997 said:
8 Rights of entry.
(3)No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—
(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b)in any other case, such notice of the intention to enter as complies with subsection (4).
Party Wall Act 1997(3)No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—
(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b)in any other case, such notice of the intention to enter as complies with subsection (4).
Subsection 1 is New Building on Line of Junction, so what we're dealing with in this thread, and Subsection 4 basically sets out the rights of adjoining owners. Read those subsections to their conclusions, and there is absolutely no right to erect a new wall astride the boundary without the adjoining owner's consent, and the adjoining owner is under no obligation to provide access for the erection of a new wall where they have statutorily objected to a wall astride the boundary and therefore the new wall is being built wholly on the building owner's land.
If I'm wrong, please point out which section of the Party Wall Act allows for the erection of a new wall astride the boundary without the consent of the adjoining owner and where access can be legally forced by the party building the new wall.
PlywoodPascal said:
SmoothCriminal said:
Always puzzles me why people buy single story bungalows which there aren't a great deal of and then add second stories to it.
I thought the whole point of a bungalow was to be single story.
Mostly because of the size of plot and/or location. Plot sizes have shrunk a lot over past 50 years… I thought the whole point of a bungalow was to be single story.
It's now a decent sized house with flexible accommodation as we can use the ground floor rooms as bedrooms or reception rooms. It's currently configured as 3 beds upstairs, with the downstairs bedrooms being used as a dining room and a second livingroom for the kids.
As the plot was a decent size it doesn't look over developed and the house has been able to grow with us.
98elise said:
...
It's now a decent sized house with flexible accommodation as we can use the ground floor rooms as bedrooms or reception rooms. It's currently configured as 3 beds upstairs, with the downstairs bedrooms being used as a dining room and a second livingroom for the kids.
...
Ours is similar; originally a 3-bed bungalow,then 2 bedrooms added in a loft conversion and one of the downstairs bedrooms now an office / study.It's now a decent sized house with flexible accommodation as we can use the ground floor rooms as bedrooms or reception rooms. It's currently configured as 3 beds upstairs, with the downstairs bedrooms being used as a dining room and a second livingroom for the kids.
...
However our insurers insist that makes it a 5-bedroom property... "once a bedroom, always a bedroom".
98elise said:
This. We bought a small 2 bed bungalow on a decent plot. When we had kids we added 2 bedrooms and a bathroom in the loft. Later when we wanted a bigger home we added a two storey extension to the rear.
It's now a decent sized house with flexible accommodation as we can use the ground floor rooms as bedrooms or reception rooms. It's currently configured as 3 beds upstairs, with the downstairs bedrooms being used as a dining room and a second livingroom for the kids.
As the plot was a decent size it doesn't look over developed and the house has been able to grow with us.
And give it 20 years, the kids have left home, you are contemplating retirement and want to downsize to a two bed bungalow and then wonder why there are none available.It's now a decent sized house with flexible accommodation as we can use the ground floor rooms as bedrooms or reception rooms. It's currently configured as 3 beds upstairs, with the downstairs bedrooms being used as a dining room and a second livingroom for the kids.
As the plot was a decent size it doesn't look over developed and the house has been able to grow with us.
No one is building bungalows as they are land hungry. It makes sense to preserve the ones that were built in the 1950s and 1960s. Otherwise the boomers will be upsetting the Millennials by not downsizing and releasing their family home.
QuickQuack said:
Cow Corner said:
QuickQuack said:
Much as they don't have the right to stop you building your extension, you don't have the right to set foot on their land to build it, or even to have your extension protrude over into their land. If you needed access to their land,.
If you are going to chip in on a threat about the Party Wall Matters, it might be a good idea to have some knowledge about it.I don’t have time for a derailed response OP, but there is a lot of rubbish being spouted on this thread.
See my reply above: take some professional advice and follow the Party Wall Act.
The Party Wall etc Act 1996: explanatory booklet
Party Wall Act booklet on gov.uk said:
New building on the boundary line between neighbouring pieces of land (Section 1 of the Act)
22. What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the boundary without your neighbour’s consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
23. How long in advance do I have to serve the notice?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
24. What happens after I serve notice about building astride the boundary line?
If the Adjoining Owner consents within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall should be shared between the owners in proportion to the use of that wall made or to be made by each owner.
The consent must be by a notice in writing. It is strongly advisable that it should record details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent in writing within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. You will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” (see Appendix A) under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.
27. What about access to neighbouring property?
See paragraph 20.
20. What about access to neighbouring property?
Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.
You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.
According to that, unless the neighbour consents, OP, and others for that matter, can't build astride the boundary and must build on their own land. While building wholly on their own land and wholly at their own cost, they do not have the protection of the Party Wall Act for access and may not be able to finish a wall as best as they wish to if the non-statutory access for these walls is denied by the neighbour. Statutory access for party walls is strictly limited in its scope and does not include new walls which have not been consented to.22. What does the Act say if I want to build up against or astride the boundary line?
If you plan to build a party wall or party fence wall astride the boundary line, you must inform the Adjoining Owner by serving a notice - see paragraphs 7 and 8. You may want to base your notice on Example Letter 4. However, there is no right to build astride the boundary without your neighbour’s consent in writing – see paragraph 24.
You must also inform the Adjoining Owner by serving a notice if you plan to build a wall wholly on your own land but up against the boundary line. You may want to base your notice on Example Letter 6.
The Act contains no enforcement procedures for failure to serve a notice. However, if you start work without having first given notice in the proper way, Adjoining Owners may seek to stop your work through a court injunction or seek other legal redress.
23. How long in advance do I have to serve the notice?
At least one month before the planned starting date for building the wall. The notice is only valid for a year, so do not serve it too long before you wish to start.
24. What happens after I serve notice about building astride the boundary line?
If the Adjoining Owner consents within 14 days to the building of a new wall astride the boundary line, the work (as agreed) may go ahead. The expense of building the wall should be shared between the owners in proportion to the use of that wall made or to be made by each owner.
The consent must be by a notice in writing. It is strongly advisable that it should record details of the location of the wall, the allocation of costs and any other agreed terms.
If the Adjoining Owner does not consent in writing within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. You will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place “special foundations” (see Appendix A) under his land without his written consent.
You may start work one month after your notice was served, or earlier by agreement.
27. What about access to neighbouring property?
See paragraph 20.
20. What about access to neighbouring property?
Under the Act, an Adjoining Owner and/or occupier must, when necessary, let in your workmen and your own surveyor or designer etc., to carry out works in pursuance of the Act (but only for those works), and allow access to any surveyor appointed as part of the dispute resolution procedure.
You must give the Adjoining Owner and occupier notice of your intention to exercise these rights of entry. The Act says that 14 days’ notice must be given, except in case of emergency. If access is necessary to carry out the notified works you may wish to include this requirement in the notice that you serve when seeking consent to carry out the works, so as to avoid any dispute in this respect at a later stage when work is underway.
It is an offence, which can be prosecuted in the magistrates’ court, for the occupier or other person to refuse entry to or obstruct someone who is entitled to enter premises under the Act, if the first-mentioned person knows or has reasonable cause to believe that the latter person is entitled to be there.
If the adjoining property is closed (for example an unoccupied property) your workmen and your own surveyor or designer etc. may enter the premises by breaking open a fence or door, if they are accompanied by a police officer after following the Act’s procedures.
You should discuss access for works with your neighbour. It is often in the best interests of the Adjoining Owner to allow access voluntarily to build a wall or to carry out works for which there is no statutory right of access, as this will allow a better finish to the side of the wall that they will see.
Indeed, subsection 8 of the Act itself says:
Part Wall Act 1997 said:
8 Rights of entry.
(3)No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—
(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b)in any other case, such notice of the intention to enter as complies with subsection (4).
Party Wall Act 1997(3)No land or premises may be entered by any person under subsection (1) unless the building owner serves on the owner and the occupier of the land or premises—
(a)in case of emergency, such notice of the intention to enter as may be reasonably practicable;
(b)in any other case, such notice of the intention to enter as complies with subsection (4).
Subsection 1 is New Building on Line of Junction, so what we're dealing with in this thread, and Subsection 4 basically sets out the rights of adjoining owners. Read those subsections to their conclusions, and there is absolutely no right to erect a new wall astride the boundary without the adjoining owner's consent, and the adjoining owner is under no obligation to provide access for the erection of a new wall where they have statutorily objected to a wall astride the boundary and therefore the new wall is being built wholly on the building owner's land.
If I'm wrong, please point out which section of the Party Wall Act allows for the erection of a new wall astride the boundary without the consent of the adjoining owner and where access can be legally forced by the party building the new wall.
Regarding access, section 8 (Rights of Entry) permits entry to adjoining land only after appropriate notice is given to the adjoining owner and occupier. The 14-day notice period applies unless an emergency arises, and it is an offence to obstruct someone legally entitled to enter under the Act.
However, statutory rights of access under the Act are strictly limited. They do not cover new walls unless consent has been obtained. Therefore, an adjoining owner is under no obligation to provide access for the construction of a new wall on the builder's property if they have formally objected to a shared wall across the boundary.
In summary, the Party Wall Act does not provide a legal basis for forcing access or the right to build a new wall astride the boundary without the adjoining owner's consent.
FMOB said:
I am not an expert on party wall issues, does the act say anything about any overhang over the boundary such as guttering, etc?
That's been discussed on here not long ago.There is no right to install your gutter over next door's land, but many houses are built that way from new, when the land all belongs to the developer.
Some extensions etc get built with quite bizarre guttering on top of the wall to avoid the issue, or even reverse-pitch roofs.
I think it's normal to stick your guttering over the public highway and not expect any pushback, but a neighbour's plot when you've already pissed them off, not so likely.
I'm sure Equus will look in tomorrow?
If not, maybe the OP should PM him?
paddy1970 said:
Under the Party Wall etc. Act 1996, you are correct that there is no automatic right to erect a new wall astride the boundary without the adjoining owner's consent. According to section 1, which governs "New Building on Line of Junction," building owners must seek permission from adjoining owners if they intend to construct a new wall across the boundary line. The consent is necessary to ensure that both parties agree to the construction. If the adjoining owner objects to a wall being built astride the boundary, the new wall must be constructed entirely on the building owner's land.
Regarding access, section 8 (Rights of Entry) permits entry to adjoining land only after appropriate notice is given to the adjoining owner and occupier. The 14-day notice period applies unless an emergency arises, and it is an offence to obstruct someone legally entitled to enter under the Act.
However, statutory rights of access under the Act are strictly limited. They do not cover new walls unless consent has been obtained. Therefore, an adjoining owner is under no obligation to provide access for the construction of a new wall on the builder's property if they have formally objected to a shared wall across the boundary.
In summary, the Party Wall Act does not provide a legal basis for forcing access or the right to build a new wall astride the boundary without the adjoining owner's consent.
Thank you very much for confirming that I wasn't being an idiot. Regarding access, section 8 (Rights of Entry) permits entry to adjoining land only after appropriate notice is given to the adjoining owner and occupier. The 14-day notice period applies unless an emergency arises, and it is an offence to obstruct someone legally entitled to enter under the Act.
However, statutory rights of access under the Act are strictly limited. They do not cover new walls unless consent has been obtained. Therefore, an adjoining owner is under no obligation to provide access for the construction of a new wall on the builder's property if they have formally objected to a shared wall across the boundary.
In summary, the Party Wall Act does not provide a legal basis for forcing access or the right to build a new wall astride the boundary without the adjoining owner's consent.
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