Neighbour building garage - party wall & bldg regs?

Neighbour building garage - party wall & bldg regs?

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Jamp

Original Poster:

200 posts

137 months

Monday 10th July 2017
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Hi All,

A neighbour is replacing his shack-like garage with a brick-built structure, next to, or in replacement of our boundary. He's submitted a party wall notice with 1 days notice for the garage and 1 months notice for further loft conversion works. He's now saying the party wall notice about the garage was just out of courtesy and he claims a party wall is not applicable for the garage.

Am I right in my interpretation of the party wall act that he does need a party wall notice (1 month ahead) of excavation and building works adjacent to the boundary?

He's going ahead without any plans, just an estimate from a builder. I assume he can do that under permitted development, but is a brick built garage subject to building regs? He says not.

I don't mind him having a new garage but I do mind him not giving a damn about protecting my driveway from subsidence and not giving me proper time to review his (non-existent) plans. I'm not there at present and we have agreed to meet at the weekend, but I'm pretty sure he's progressing meanwhile regardless.

Cheers.

dave_s13

13,815 posts

270 months

Monday 10th July 2017
quotequote all
https://www.planningportal.co.uk/info/200130/commo...

He hasn't quite adhered to the amount of notice you're supposed to give but it'll very likely cause you no trouble at all so I'd chill.

The above link suggests building regs are not needed if the garage doesn't exceed a certain size.

grumbas

1,042 posts

192 months

Tuesday 11th July 2017
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Ultimately it doesn't matter what he's building, he needs to give adequate notice.

In practise though the rules are very hard to enforce, so unless you think it's going to cause you issues just go along with it.

Party wall agreements are expensive, think it cost me circa £700 (Surrey prices) for our extension, but we were excavating 1m deep about 500mm away from our neighbours extension so the peace of mind from the schedule of condition was worthwhile for both of us.

I can see why he's trying to avoid that sort of cost on a garage if it's nowhere near your property, but probably should have given more than a days notice!

Muncher

12,219 posts

250 months

Tuesday 11th July 2017
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Where is the garage being built in relation to your house/garden? Building regs approval is not required if the garage is under 35sqm if I remember correctly. Do however not that if he is building right up to your boundary the eaves will overhang your airspace and they will probably need to put scaffolding on your land to build that side.

bobtail4x4

3,726 posts

110 months

Tuesday 11th July 2017
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its 30 sq m and detached

grumbas

1,042 posts

192 months

Tuesday 11th July 2017
quotequote all
Muncher said:
Where is the garage being built in relation to your house/garden? Building regs approval is not required if the garage is under 35sqm if I remember correctly. Do however not that if he is building right up to your boundary the eaves will overhang your airspace and they will probably need to put scaffolding on your land to build that side.
This is a good point, if the wall is straddling the boundary how do they plan to construct the roof so no part is on your property?