Exposing neighbour's wall when demolishing and rebuilding...

[carled]

We have a semi and on our non-attached side, our neighbours have an extension that is right up to the property line and hard up against our garage wall. We're knocking down the garage and rebuilding a two-storey extension in its place. however, due to the curve in the road, we're straightening up the new extension alongside our house, meaning that there will now be a space between our extension and theirs. Currently our garage stops halfway up their extension wall. When the new extension is in place, the gap between us and them will be a wedge shape - 70cm at the front, narrowing to 5 cm at the back.

The neighbours have said that we're responsible for pointing the lower half of their extension that will be exposed when we demolish our garage and rebuild further away. I think that's baloney. It's their extension, not ours surely?

Please would you let me know if anyone knows of any regulations that cover this? I had a look at the party wall act but that's a minefield of information and just ends up confusing me every time I read it!

 

[jono_h]

I'm happy to be shot down in flames by someone with more knowledge, but I really can't see that it's your responsibility.

Following the PWA means that next door either give you 'permission' to build without any hassle, or Surveyors are appointed and the condition of your neighbours property is assessed before your build has commenced, and you are responsible for any remedial work that is required as a result of your construction.

Your construction hasn't caused the lack of pointing, only exposed it, so you can't be responsible.


However it may be worth using it as a bargaining tool - you'll do the pointing if they don't give you a load of grief over signing the PWA.

 

[joinerjohn]

Just because they built their extension right up to the party line and therefore could not possibly have pointed the brickwork, I'd say it was entirely their responsibility to ensure that their brick wall is now pointed up when access can be got to it. Shouldn't be your responsibility to finish their original job.

 

[^woody^]

Although under common law, you would owe no duty to the neighbour for repointing this wall in this situation, if the PW Act was used, then as part of any award, repointing of the wall (or other suitable weather protection) would be required at the OP's (ie building owner's) cost.

This would be because the intention of the PW Act, is to protect neighbouring property and the interests of the neighbour. In exposing the wall, there would be a risk to it unless the pointing is adequate.

If the PW Act does not apply, or is not used, then it would be the neighbours responsibility to sort their own wall out

 

[carled]

We've just had a printed copy of an email delivered from our neighbour that she has sent to the planning department.

She says that she has no objections to our development, but that she wants written assurance from the builder and/or the planning officer that any damage to her property or exposure of previously protected external walls is made good.

She goes on to say that my garage wall is built right up to her own garage wall (er, our garage wall has been there since 1948, it is her extension that got built right up to our garage!) and that it will be demolished, exposing her wall to the elements. As her brickwork may need chiselling out or repointing, she wants written assurance that the builder will make good this area as it was before removal of my garage!

This seems complete BS to me and, as Jono_h says below, it's not my construction that is causing her pointing not to have been done, it was her predecessor's choice to build up to our property line!

I presume I have to get the PWA involved as we are excavating within 3m of her property?

 

[carled]

OK, more info. Spoke to old neighbour who had extension built when they lived there. The wall is the original garage wall, they built over it when they had the extension.

Does this alter anything? They built straight up from their garage wall and their guttering overhangs ours so we can't build straight up and have to demolish and rebuild. We're therefore exposing their original garage wall when ours comes down.

 

[^woody^]

Does this alter anything?

Not really.

The wall situation is nothing to do with the planning application, so her comments to the planners are irrelevant

It does not matter who did what first, as the fact remains that when you remove your wall, their wall is exposed - and if the PWA is invoked, then this issue must be dealt with

TBH, pointing a bit of wall is nothing in context of the rest of the build and it would be worth while just doing it rather than arguing and worrying about it

 

[carled]

This party wall act is as clear as mud to me...

It says in the leaflet that we have a party wall if it straddles the boundary. Well, it doesn't, does it? We have a wall with the outer skin up against the boundary. They have a wall with the outer skin up against the boundary, there is a notional gap down the middle that forms the boundary.

Or am I wrong and it is a party wall, as it's simply a double-skinned wall that separates our garages? On top of the brick line on our side where it touches their wall it's simply been weather-proofed with black bitumen or similar.

Can anyone clarify this for me please?

 

[^woody^]

The issue is not whether it is a PW or not, but whether the proposed work falls under the PW ACT - which it seems that it might

 

[carled]

The issue is not whether it is a PW or not, but whether the proposed work falls under the PW ACT - which it seems that it might

I'm sorry - I don't understand. Who do I need to talk to to try and clarify this?

 

[Diyisfun]

Why not just offer to point there wall, compared with the cost/work you are having done its probably peanuts & everyone can stay friends..It seems a no brainer to me.

 

[jono_h]

The party wall act is also applicable depending on the distance to adjacent buildings and whether your foundations would be deeper than your neighbours - it is not just about shared walls. There used to be a good PDF on it on on of the government websites - communities or something or other.

The options are;

You aren't covered by the PWA. Your Neighbours requirement for you to re-point has no relevance to planning permission, and you have no duty to do it.

You are covered by the PWA, and;

You decide not to serve notice and just build anyway. Your neighbour could seek an injunction for the build to be stopped until the PWA is served, or takes court action after the build, on the basis that damage has occured to her property due to your build, and requesting damages.

You serve notice, but don't agree to do the pointing. Your neighbour is fairly likely to invoke her right to appoint a Surveyor, which you have to pay for, to assess pre-construction condition, and draw up an award.

You serve notice, and agree to pay for the pointing. Neighbour is happy, gives written consent to start, there's no on-going row with her. You don't get stuck with the costs of appointing a Surveyor, or the possibility of court action.

I still not sure that exposing the wall makes your responsible for the pointing, but doing it as a 'good will gesture' is probably the cheapest option.

 

[^woody^]

I'm sorry - I don't understand. Who do I need to talk to to try and clarify this?

Someone who deals with party wall matters - normally a party wall surveyor

 

[UKMICKY]

Bit late but no you are not responsible for any cost of repointing their wall.

It is possible to build an extention that will not require a party wall notice to be sent.

Their is also no penalty for not sending a party wall notice but it can protect you.