Party Wall/Boundary Question

8 years ago

I
live in a semi-detached house and I am having an extension at the rear
which will require a Party Wall Agreement with my adjoining neighbours.I
have just applied for planning via the Neighbour Consultation Scheme
this week.

My architect advises: "If I were you I
would also consider asking them {she means my neighbours} if the wall can be built on the boundary and
allow them to use it should they (or future owners) wish to extend."

I don't quite understand what she means - does she mean for me to build right up to the fence line rather than leave a gap between my extension and the fence. How do I explain this to my neighbour? I'm not totally sure on the rules.........

I would be really grateful for any guidance.

Thanks.

Regards.

Tina

Featured Answer

PRO

Design Spec Ltd

8 years ago

Hi, you will need your neighbours permission to replace your existing boundary, when carrying out building works you will also need to document evidence of works to protect your neighbour from potential damages, please check out our free PDF for more information, alternatively give us a call! Free PDF Download - Party Wall Agreements

We hope this helps!

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Comments (13)

PRO
Anonymous
8 years ago
I cant understand why your architect would advise this. If you build your wall on the boundary and straddle both sides you are effectively giving up your rights in part to the wall of your extension.
One thing that is to consider though is that if the neighbour decided to extend in the future you would have two cavity walls side by side with a gap between.
This gap would be inaccessible and prone to damp.
Make sure your wall is very well protected against damp.
This could be a reason for your architect's suggestion.
tgross39
Original Author
8 years ago
Hi, thanks for your response. I believe she is suggesting this to prevent a gap if my neighbours ever decide to do a rear extension as well. This seems to be so complicated........
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Firstly, what did you sign and have you got a copy of it?? If the extension needed planning you would have had a Party Wall Agreement possibly. If it's not within regulations, then approach your local council planning department and complain about it. Even if they did not require permission from planning, they would have had to have building regs. Therefore, it would have required a sign off from that department, so, with reference to the height, you may be able to argue on that ground. As for light, they had an extension there anyway, they've just squared the roof off, so I think that may prove to be a mute point, unless you can prove the height issue. Then force them to go through planning as it's not within regulations and dispute it. If the extension is within 2 metres of the boundary it cannot be more than 3m in height. Check out the planning portal for guidance, it's a handy tool,Planning Portal
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The drawing doesn't show the coping stones crossing the boundary, so it's unclear what the issue is.
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Hi All Thanks for taking the time to read this. I am about to start an extension on a detached house. The extension comes out 4 meters to the rear. The neighbours property is also detached and a distance of 1m in between. I realise that if we excavate within 3 meters of an adjoining property we cannot go below the depth of there foundation without a party wall agreement. So I don't really see an issue with this as the two properties were built at the same time. My concern is the neighbour has had a conservatory fitted at some point and any conservatories I've decommissioned in the past always have a shallow foundation. We will without a doubt have to dig lower than the conservatory foundations. My question is : Will a party wall agreement be needed for this as its only a conservatory? Also how do we stand regarding improving the neighbours conservatory foundation if required?
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Party wall agreements are for if they work on your shared boundary- so if they build their extension on the fence line rather than on their side…… or if they modify a shared chimney stack….. or if they build a loft extension that requires steel beams to be rested on a wall between your two properties. Is your neighbours extension doing any of these things or is the development they are doing entirely on their own property and classed as permitted development? It might be the case that you are just fearing the unknown but worrying unnecessarily.
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PRO
Anonymous
8 years ago
The joys of extending!
Jonathan
8 years ago
I would explain to the neighbors that instead of building on your side of the fence you want to build on your shared boundary.
The disruption will be the same but the advantage to you is that you will have a slightly larger extension without an ugly off centre look and the advantage to them will be that should they extend they will have a slightly reduced cost because they will be sharing that wall rather than building an extra wall and there would be no gap between extensions that might get damp.
tgross39
Original Author
8 years ago
Thanks Jonathan. That's very helpful.
PRO
Design Spec Ltd
8 years ago
Jonathan is correct, your designer is recommending you remove the boundary fence and erect a party wall on that side of your extension. In effect you will be continuing your existing party wall from the main dwellings further to the rear, saving your neighbour the cost of one wall and foundations should they ever choose to extend.

Another benefit for your neighbour would be that in the fences place you would need to have a brickwork finish on your neighbours side, this will mean less maintenance in the long run.

We have a free PDF download for additional information with regard to the rules on Party Wall Agreements;

http://media.wix.com/ugd/065f9f_6640ab7fd482493fb0558876342727b0.pdf

Hope this helps,

New World Designers Ltd.
PRO
Aflux Designs
8 years ago
hi there. looks like you have all the advice you need here. as we have done this several times, the final outcome really depends on what you and your neighbour decides.

you can either do the above - erect a new wall and this becomes the new party wall. this is the ideal scenario as it means you can maximise the space within your new extension and also if the neighbour is planning to have an extension then he/she will use the same wall and contribute the cost of building the wall as and when they decide to do so. the other option, and this has happened is that the neighbour says that they do not want you to build a new wall and it must be left as it is. then yo have to build your wall inside the boundary existing wall. this of course takes up more space within the inside of your extension.

you can handle this matter in two ways - either a friendly chat with your neighbour with the drawings and proposed favoured scheme. you would need a letter of agreement between the neighbour in question saying you would agree to cover any damages that could occur during the build caused by the extension and take a schedule of conditions (pictures of the neighbouring property inside - where the extension will be built). this is both you and your neighbour know the existing condition of the property before the build. the advantages is that this process takes less time but is less formal

if you want to cover your backs completely and have the matter handled independently, then the best thing is to handle the matter with party wall surveyors (either you will just need one, or two depending on your neighbour). this would be a good idea perhaps especially if your neighbour is planning an extension. however the process can last up to 6 weeks easily, so if you are in a hurry to proceed this might not be the case.

hope this helps and message us if you need more information.
LTS
8 years ago
Hi. We are wanting to do an extension & have an architect coming round next week. We are semi-detached & our boundary is fence/bushes so do I need my neighbours permission to replace with a wall? Thanks...this is all new to me!
PRO
Aflux Designs
8 years ago
Hi yes you do. It's more an agreement between you and your Neighbour. However it can be that the bush for example actually belonging to you - the best person to ask might be a surveyor who can look at the plans and see who owns exactly what. Usually the case is if it is a fence or wall that you and the Neighbour own half of it ...
LTS
8 years ago
Many thanks. I was hoping that as we are responsible for the boundary with our semi-detached that it wouldn't be too problematic. I'm not sure our neighbours will be cooperative unfortunately.
PRO
Design Spec Ltd
8 years ago
Your neighbours do not have the power to stop you doing an extension, but they can put barriers in your way. Don't be put off doing your extension purely because of your neighbours, we have carried out projects where an extension has brought them closer together... or at the very least amicable!

Hope you find a solution soon, let us know how you get on.
LTS
8 years ago
Thank you. We are friendly with our neighbours but I'm not sure they'll be pleased that our extension may block out light from their kitchen for part of the afternoon. Fingers crossed!

Party Wall/Boundary Question

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