Party Walls again
Discussion
I'm confused...
I've found two versions of the Party Wall Act online, one of which I can no-longer find.
The difference is one said you need to give your neighbour a notice if you are digging foundations and building. The other says if you are digging foundations or building.
Which is correct?
We're pulling down a dangerous garage that is slowly falling over & rebuilding in the same place to the same, or slightly lower, height. We hope that apart from building one new pillar at the front because we're shortening the garage that no work is happening below roof level. No holes will be dug as we're building within the footprint of the existing structure.
Do we need to serve a notice?
Also our neighbours have an outbuilding that backs on to the wall (which they they is wholly their wall) & the rain water run off from this pours into our garage due to inadequate guttering. This gutter is attached to part of our garage we are pulling down. Do we or them have to replace this? & is it allowed to overhang our side of the wall as it currently does?
Cheers in advance all.
I've found two versions of the Party Wall Act online, one of which I can no-longer find.
The difference is one said you need to give your neighbour a notice if you are digging foundations and building. The other says if you are digging foundations or building.
Which is correct?
We're pulling down a dangerous garage that is slowly falling over & rebuilding in the same place to the same, or slightly lower, height. We hope that apart from building one new pillar at the front because we're shortening the garage that no work is happening below roof level. No holes will be dug as we're building within the footprint of the existing structure.
Do we need to serve a notice?
Also our neighbours have an outbuilding that backs on to the wall (which they they is wholly their wall) & the rain water run off from this pours into our garage due to inadequate guttering. This gutter is attached to part of our garage we are pulling down. Do we or them have to replace this? & is it allowed to overhang our side of the wall as it currently does?
Cheers in advance all.
I'm struggling to visualise quite what you are doing from the description but in short -
If you are digging to a level lower than the base of the foundations of your neighbours foundations and within 3m of their structure then you need a sect 6 notice. Doesn't sound like you are doing this?
If the wall you are pulling down is wholly on your land and not providing support for the neighbours structure then no notice is needed. If it is providing support then if it's been there long enough you may be into the realms of prescriptive rights which is not a party wall issue.
If you are building a new wall on your land but very close to or against the boundary line a notice may be needed but it's not something they can object to, more of an advisory mechanism.
If you are doing things to a wall which straddles the boundary and/or separates the structures of two owners you need a notice under sect 2/3 of the PW act.
The neighbour has no right to overhang the boundary with gutters or eaves which is a trespass.
If you are digging to a level lower than the base of the foundations of your neighbours foundations and within 3m of their structure then you need a sect 6 notice. Doesn't sound like you are doing this?
If the wall you are pulling down is wholly on your land and not providing support for the neighbours structure then no notice is needed. If it is providing support then if it's been there long enough you may be into the realms of prescriptive rights which is not a party wall issue.
If you are building a new wall on your land but very close to or against the boundary line a notice may be needed but it's not something they can object to, more of an advisory mechanism.
If you are doing things to a wall which straddles the boundary and/or separates the structures of two owners you need a notice under sect 2/3 of the PW act.
The neighbour has no right to overhang the boundary with gutters or eaves which is a trespass.
nute said:
I'm struggling to visualise quite what you are doing from the description but in short -
If you are digging to a level lower than the base of the foundations of your neighbours foundations and within 3m of their structure then you need a sect 6 notice. Doesn't sound like you are doing this?
If the wall you are pulling down is wholly on your land and not providing support for the neighbours structure then no notice is needed. If it is providing support then if it's been there long enough you may be into the realms of prescriptive rights which is not a party wall issue.
If you are building a new wall on your land but very close to or against the boundary line a notice may be needed but it's not something they can object to, more of an advisory mechanism.
If you are doing things to a wall which straddles the boundary and/or separates the structures of two owners you need a notice under sect 2/3 of the PW act.
The neighbour has no right to overhang the boundary with gutters or eaves which is a trespass.
That sums it all up thanks.If you are digging to a level lower than the base of the foundations of your neighbours foundations and within 3m of their structure then you need a sect 6 notice. Doesn't sound like you are doing this?
If the wall you are pulling down is wholly on your land and not providing support for the neighbours structure then no notice is needed. If it is providing support then if it's been there long enough you may be into the realms of prescriptive rights which is not a party wall issue.
If you are building a new wall on your land but very close to or against the boundary line a notice may be needed but it's not something they can object to, more of an advisory mechanism.
If you are doing things to a wall which straddles the boundary and/or separates the structures of two owners you need a notice under sect 2/3 of the PW act.
The neighbour has no right to overhang the boundary with gutters or eaves which is a trespass.
We're pulling down a garage that is already falling down & replacing it. We won't be digging as we'll build on the existing base. The garage is against the party wall, but not part of it.
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