Help with difficult neighbours and Party Wall Act

Help with difficult neighbours and Party Wall Act

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Karlsruhe

Original Poster:

42 posts

59 months

Saturday 11th May
quotequote all
Hi,

We live in a corner plot detached bungalow and have planning permission granted as well as the go ahead from building regs for an extension. During the notice/consultation process with the neighbours our only neighbour was the only one to object with a myriad of baseless issues(such as loss of privacy, even though we'd make sure that there would be no windows on the wall looking into her property (as our kitchen does at present)) which were dismissed by the council. So it was obvious to us that come time of build they would do whatever they could to make life difficult for us.

Despite this we've tried to be cordial and neighbourly in the best way possible and have served notice under the Party Wall Act as we are building up to the boundary line. For context the existing garage is already on the boundary wall line and we are looking at increasing both height and length of the wall to accommodate the L shaped extension as we are having a dormer and larger kitchen and living area.

Our neighbour had requested that I have another meeting with her daughter which we have done with my builder too, just so they could ask questions etc, and hopefully have some confidence etc. in what is going to happen.

The meeting didn't go to plan as both mother and daughter were very stand offish and proclaimed that they wouldn't allow us access to their property for scaffolding and that apparently I can't build to the boundary as it's within 3 metres of their property and that "I can't build the extension." Appreciate that they're not happy, but surely this cannot be the case?! Daughter alleges that she works in this field of construction and "knows what I'm talking about." I'm somewhat dubious about this claim as I reckon she's bluffing and has just read the .gov.uk website and just verbalised her interpretation of it all. I have pointed out if they refuse to give us access to their property then the builder would have to build overhand and then this would create an unpleasant view from their garden, especially it being approximately 12m long and unrendered. They don't however seem to unpreturbed by this to my surprise.

I mentioned that I wish to keep things civil and I know that the next steps potentially are mediation via a Party Wall surveyor for an agreement and after that has been done, if they are still unhappy it'd be a case of them getting a court injunction to stop the works.

Where do I stand please, as this is the first time I've been through this?

Do I go ahead and get the surveyor to draw up an agreement and then crack on?

Thank you

Karlsruhe

Original Poster:

42 posts

59 months

Saturday 11th May
quotequote all
Dave- I'd have no issue with a neighbour using my garden for scaffolding. Thanks for the pre-judgement of poor planning at my end.

Karlsruhe

Original Poster:

42 posts

59 months

Sunday 12th May
quotequote all
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.