NEIGHBOURS EXTENSION - PARTY WALL ACT

[CTS]

Without any form of consultation my neighbour has applied for planning permission for a first floor extension above his garage.
Although my house is detached, my boundary is set by the wall of my house and is defined as a Party Wall.
The garage, were the said extension is to be built, is less the 1m from my boundary wall.
Although the council have yet to make a decision about this the conversations I have had with the planning department indicate that they do not have issues with this part of the application, despite my objections (light, 45’ rule, distance, privacy) but do have an issue with a planned conservatory to be built on the other side of his property as it takes up a large area of his garden.

This is made the more frustrating as the planning department appear not to be too bothered by the fact that on the application form my neighbour advised that he had no prior knowledge of previous extensions. This is inaccurate as there have been 3 previous extended parts to the house and you would think he would have either noted the difference between my and his property as they are supposed to be the same spec but as he has only moved in less then 6 months ago surely this would be picked up on the legal searches!!!!!

Although the councils decision is not due for another two weeks, work commenced on the property this week. I checked with the council believing that the decision have been bought forward, however they advised as long they went not further then demolishing the garage then this did not constitute a problem.
Bricks arrived today so he is either going to chance his arm or he is very sure of receiving planning!!!!
So where does that leave me?

I have read various articles on the Party Wall Act but I’m unsure what step to take next?
I believe he needs to give me at least 2 months notice prior to commencement of any work close to the party wall but do not hold out much hope based on previous experience.
Will the building regulations inspector advise him of party wall issues?
If planning is approved is that it or can I request amends to the plans?

Any help would be appreciated – Thank You
Worried Citizen!

 

[^woody^]

Planning, building regs and the PWA are completely separate issues, and none will have any impact or jurisdiction on the others.

He will only need to serve a PW notice if he is putting in new foundations.

He can start anytime he likes, and does not have to wait for planning or building regs permissions.

There is no penalty if he chooses not to serve a PW notice, and the onlyway you can stop his work is by applying for a court injunction - which will be granted if he has not followed the PWA and the PWA does apply.

You can not force design changes after the planning stage. The PWA only determines the way it is built and deals with how the work is to be done and made good afterwards to safeguard both your interests

 

[CTS]

Thanks Woody!

Although I’m a little confused about a few points you raise.

Firstly you advise that he does not have to wait for planning!
Surely this cannot be the case?
The council planners clearly advised that if he went beyond doing anything more then demolition the garage they would serve an injunction!
How can anybody start building (legally) without council planning approval!!

Secondly think I understand what you saying about PWA but I did not mention that not only is he extending upwards but also extending at what was the rear of the garage and therefore would have to add new foundations. This would however move beyond the line of my house but would still be less the 1m from my boundary.
Is this still a party wall issue?

Thank you in advance!

Planning, building regs and the PWA are completely separate issues, and none will have any impact or jurisdiction on the others.

He will only need to serve a PW notice if he is putting in new foundations.

He can start anytime he likes, and does not have to wait for planning or building regs permissions.

There is no penalty if he chooses not to serve a PW notice, and the onlyway you can stop his work is by applying for a court injunction - which will be granted if he has not followed the PWA and the PWA does apply.

You can not force design changes after the planning stage. The PWA only determines the way it is built and deals with how the work is to be done and made good afterwards to safeguard both your interests

 

[^woody^]

With regards to planning, his proposed work will only become 'illegal' if contrary to a planning decision- ie once a planning decision has been made. But more than that, once a formal appeal process is exhausted and a resubmission of revised plans. So it can take a good while.

The council should /can only take enforcement action if deemed 'in the wider public interest'

Ok, he builds at his own risk but there is not much that the council can do. For example if he starts building a wall, how do the council know what it will eventually be, and if it contravenes their policy? If they serve an enforcemnet notice and then find that the wall is not what they think, and they had no right to get involved, then they will be hit with a big compensation claim.

The PWA will only apply if he is laying new foundations, within 3m of your wall and lower than you foundations

 

[diyisfree]

Have to agree with woody.

I started and had completed all the brickwork on my extension before the final planning permission came through.

So long as you adhere to the building regs then you are ok to start. I had to contact the building regs department to come and inspect the various stages of the build but he just said " alls fine carry on"

 

[Moz]

CTS
you sound like a real NIGHTMARE NEIGHBOUR FROM HELL ...

if I read this right he is building 1 metre from your garage ...property, he has had put in planning ...he has work done you think he hasnt planning for , they can retrospective with out a hitch , even with your wailing /whinning now as it has been there an no complaints ...will go through ,
can I just add to you the "Worried Citizen" if you have posted the same type of concerns on the legal doc sent as you wailed here , you will be seen as a nuisance /jobsworth neighbour by the council officials ..lol..lol.lol

 

[CTS]

Thank You!

The PWA is causing me an enormous headache!!!!

My property is detached but running alongside my north west wall is the neighbours path. My deeds state that all north west fences and walls are treated as party walls and fences.

I don't think that I appreciated this at the time but if I have read my deeds correct that means that my neighbour has ownership to part of my detached house!!!!!!!!!

Does anybody have a definite answer to this?

Thank you in advance!

 

[CTS]

Dear Moz,

Just to clarify a few inaccuracies in your post!

The extension is 0.9m from my HOUSE, and extends a further 3m past my property line and therefore clear infringes on privacy and light on my property.

I did not say that he had not planning previous but advised that he chose to advise on his application that there was no previous extensions.
He obviously would be stupid to think that the council would not check!!!

Well maybe more people need to fight their corner and I doubt you Moz would be as accepting if it was on yr doorstep.

Thank you

ps I think the NIGHTMARE would be to live next to you!!!!

CTS
you sound like a real NIGHTMARE NEIGHBOUR FROM HELL ...

if I read this right he is building 1 metre from your garage ...property, he has had put in planning ...he has work done you think he hasnt planning for , they can retrospective with out a hitch , even with your wailing /whinning now as it has been there an no complaints ...will go through ,
can I just add to you the "Worried Citizen" if you have posted the same type of concerns on the legal doc sent as you wailed here , you will be seen as a nuisance /jobsworth neighbour by the council officials ..lol..lol.lol

 

[Moz]

so we get this right
:
:
: x
CTS : new build
:
:
:
^
property line

CTS = whinner ..lol
you say x will be overhanging your property by 3m ..lol...lol who will build that to over shadow your property aka the garden as it is away from the living quarters ...an over by 3m ..lol

Planning has been green light cos its like this , you are upset that no -one asked or as you see it deemed to beg to you for permission .. , lol
(I have seen this before ...)

can I add I am a Wonderful neighbhour an Im the chair of my local neighbourhood watch scheme , an I wouldnt admit your type into the group as a small minded /petty nuisance ......
I hope when your neighbour has his build erected you can find peace , an maybe you go back to being a nice guy again

 

[CTS]

"Im the chair of my local neighbourhood watch scheme"

So you are a know it all busy body then !!!

...........................WHATEVER!!!!!!

 

[Moz]

lol...lol...lol...lol...lol @ CTS

I think I hit the nail on the head , the fact was .....
YOU didnt get personally informed by neighbours an your upset , I Totally Understand an would be fuming an spitting feathers but I would have gone to see next door an sorted it ,keep calm an nice like even if they were scum (huge major Karma points ),

but dont come here an b1tch an moan ......

 

[CTS]

8) Thank you for your support!

However its not the consultation that is an issue!

If you follow the thread all I have asked is for advice on making sure that my interests are taking into account!!
Advice not moans!!!

I don't want a brick/scaffold to come through my window to then find out nobody admits liable nor do I want the structure of my house, repeat my house, to be affected by the work undertaken by next door!
Yes its not ideal to to have something which dominates your property and loses me privacy in my conservatory but I do understand people want to improve their home, however why should I suffer???

You know the answer?

Build my own extension!

 

[Moz]

best regards
bodgit ...
an you can build some good stuff , 3 m over properties ,lol


our special an our lorry knocks down nexts doors building.... oops , that Scarper the rest of the firm ...btw if a few neighbours are doing this , an you have the land , sh*t them all up the a*se an put in for a house , if you have land houses can be built . .......

your never get even ..
YOUR A WINNER

CTS

 

[diyisfree]

Let the guy get on with it and build his extension.

If you dont like it once its done, you could always build one to hide his out of view

If its ****ing you off that much, why the hell havent you gone to a solicitor

 

[markthebuilder]

woody gave sound advice /information at this stage you can still make a formal objection in writing to his proposals there are limeted valid reasons planing dept will give you info.
previouse extensions don't count when you are applying for planning permision.
stick to objections re proposals that affect you /have a detramental affect on your property ---overlooking windows etc dont get involved in the conservetory at the other end of his house if it dosent affect you it just makes you apper to be a c---.
make sure your buildings insurance is up to date and you have legal exp cover so if he dose undermine your founds the insurance will sort it out