(Another) Party Wall Act question...

(Another) Party Wall Act question...

Author
Discussion

Scarletpimpofnel

Original Poster:

737 posts

20 months

Thursday 16th May
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My neighbour (two story semi detached) is having a single story extension with lean to roof built either on the party wall line of 9" or so off it (getting contradictory information). I believe this is permitted developing, is that so?

The only thing that concerns me is apparently his foundations will be deeper than our existing foundations. What if a crack appears on my house in a years time? Is that my bad luck and I must suck it up and pay for underpinning? Or is it expected his builder will have insurance to cover such and we should see that before work starts?

Appreciate such extensions are common place but it'd just be my luck to have a crack appear then the house be unsaleable etc.

Many thanks.

Scarletpimpofnel

Original Poster:

737 posts

20 months

Saturday 18th May
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Anyone?

OutInTheShed

7,942 posts

28 months

Saturday 18th May
quotequote all
I'm no expert, but I think you want a party wall surveyor who will tell you whether or not what he proposes is OK in terms of the integrity of the party wall.

Scarletpimpofnel

Original Poster:

737 posts

20 months

Saturday 18th May
quotequote all
OutInTheShed said:
I'm no expert, but I think you want a party wall surveyor who will tell you whether or not what he proposes is OK in terms of the integrity of the party wall.
Thanks. Yes I think that is the long and short of it.

mattvanders

242 posts

28 months

Saturday 18th May
quotequote all
Scarletpimpofnel said:
My neighbour (two story semi detached) is having a single story extension with lean to roof built either on the party wall line of 9" or so off it (getting contradictory information). I believe this is permitted developing, is that so?

The only thing that concerns me is apparently his foundations will be deeper than our existing foundations. What if a crack appears on my house in a years time? Is that my bad luck and I must suck it up and pay for underpinning? Or is it expected his builder will have insurance to cover such and we should see that before work starts?

Appreciate such extensions are common place but it'd just be my luck to have a crack appear then the house be unsaleable etc.

Many thanks.
I’m not an expert but permitted development needs to be a single story extension that does not go out further than 3m.

The neighbour can build on the boundary line with footings on your land only with permission. This would be through a party wall award. If they were to pull back the wall and footings to be solely on there boundary then a party wall award if they are digging deeper than the existing house’s footings.

From what it sounds like they will need to serve (or get a surveyor to serve) a part wall notice. Depending on how you like your neighbours you can ask for your own party wall surveyor which they will have to pay for - regardless both companies have to act impartial so you might as well just agree to the one company.

It may be worth thinking about if it suit your needs for future expansion on your property, to use the new joining wall if build on the party line and getting it agreed with the neighbour (will be just an extension of the existing wall.

Scarletpimpofnel

Original Poster:

737 posts

20 months

Saturday 18th May
quotequote all
@Mattvanders - Appreciate your input, sounds about right to me ty.

whatxd

428 posts

103 months

Sunday 19th May
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You'll waste a bunch of time and (your neighbour's) money and the extension will still go up.

Often people who start talking about party wall are just messers who simply don't want the work to happen and this is the only way they can think to get some kind of a "win"

In the thread earlier in the week we had someone going on about how he doesn't mind the work, but insisted on party wall act. He then conceded that he's a bit disappointed that in the first summer in his new house there will be noise, dust and disturbance next door.

It's obvious to anyone with a shred of common sense that he wasn't actually bothered about party wall and just wanted to be awkward.

Then there was another muppet who suggested weekly payments (around £200 laugh) to ease the nuisance neighbour's party wall anxiety

mattvanders

242 posts

28 months

Sunday 19th May
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Scarletpimpofnel said:
@Mattvanders - Appreciate your input, sounds about right to me ty.
"New walls or party fence walls
You must give adjoining owners one month's notice of an intention to build a new wall or party fence wall on the line of junction (that is, the boundary). The notice should indicate the desire to build and describe the intended wall.

If you wish to build a wall astride the boundary, you are required to obtain the adjoining owner’s consent. The adjoining owner has 14 days to give written consent. If the adjoining owner consents, the new wall or party fence wall may be built half on each owner's land, with the costs being divided between the two owners, depending on the benefits each will derive from the new structure.

If you fail to obtain the adjoining owners' consent within 14 days of its notice, you must build the wall entirely on your own land at your own expense.

If you intend to build entirely on your land but the footings or foundations will extend over the boundary you may proceed once the notice has expired unless the adjoining owner objects. You will be responsible for the costs of building and will be required to compensate the adjoining owner for any damage caused by the works. If the adjoining owner objects, you are required to follow the dispute resolution procedure."

https://www.cwj.co.uk/site/library/legalnews/dont_...

By far the easiest definition i have seen on this matter. Either way they should be serving a party wall document for the work. What my parents had was a similar experience with an old neighbor, they had sorted out plans and got signed off but had not come around to have a conversation about the extension being build along the party wall line. When we rejected them building on the line they got quiet angary about it and stormed out of our house. It also then transpierced that they had changed their design so the plans that had been used for planning permission and the planning permission would be void as well...
Apparently they did not want to pay out the extra cost of redoing the plans and permission and i quote "no body reads and understands them drawings". I dad was a naval architect by trade.


Scarletpimpofnel

Original Poster:

737 posts

20 months

Sunday 19th May
quotequote all
whatxd said:
You'll waste a bunch of time and (your neighbour's) money and the extension will still go up.

Often people who start talking about party wall are just messers who simply don't want the work to happen and this is the only way they can think to get some kind of a "win"

In the thread earlier in the week we had someone going on about how he doesn't mind the work, but insisted on party wall act. He then conceded that he's a bit disappointed that in the first summer in his new house there will be noise, dust and disturbance next door.

It's obvious to anyone with a shred of common sense that he wasn't actually bothered about party wall and just wanted to be awkward.

Then there was another muppet who suggested weekly payments (around £200 laugh) to ease the nuisance neighbour's party wall anxiety
If people aren't happy with the work being done next door then that is up to them. I have no issue with my neighbours works (wish I was having it done!), I am just curious about how to ensure cracks won't appear in my house and what to do if they do!

OutInTheShed

7,942 posts

28 months

Sunday 19th May
quotequote all
Scarletpimpofnel said:
If people aren't happy with the work being done next door then that is up to them. I have no issue with my neighbours works (wish I was having it done!), I am just curious about how to ensure cracks won't appear in my house and what to do if they do!
That's why you should have a surveyor to establish what the starting point is and comment on the plans, then check that the work is done according to plan. Then if anything goes wrong, your buildings insurer will argue it out with the neighbours, contractors and insurers.
Your buildings insurer may be able to offer guidance
They probably need to be notified anyway.

Also, while this work is going on, it may be a good idea not to change insurer to say a few shillings.

Scarletpimpofnel

Original Poster:

737 posts

20 months

Monday 20th May
quotequote all
OutInTheShed said:
Scarletpimpofnel said:
If people aren't happy with the work being done next door then that is up to them. I have no issue with my neighbours works (wish I was having it done!), I am just curious about how to ensure cracks won't appear in my house and what to do if they do!
That's why you should have a surveyor to establish what the starting point is and comment on the plans, then check that the work is done according to plan. Then if anything goes wrong, your buildings insurer will argue it out with the neighbours, contractors and insurers.
Your buildings insurer may be able to offer guidance
They probably need to be notified anyway.

Also, while this work is going on, it may be a good idea not to change insurer to say a few shillings.
Thanks for that. Is it usual for a building insurer to be notified of works going on next door?