Neighbour's extension

[Suki357]

Hi,
We have an integral garage to the front of our house.
Our neighbour is proposing a single storey extension to the front, joining onto our garage wall, in effect making our garage wall his internal wall. His extension will have a hipped roof which will butt onto our garage's flat roof. We are concerned about water runoff causinh damp on our garage roof and subsequently damp inside the garage, that the digging of the foundations will weaken our foundations and we are also worried about the effect this will have on the value of our property.
Please can anyone advise.
Thanks

 

[Leofric]

Have you been consulted by the planning department if your neighbour has submitted a planning application or notified under The Party Wall Act ?

 

[Suki357]

Hi Leofric,
We had the initial letter from the planning department today, but nothing has been said regarding party walls.
We would rather it not be built onto our wall, can we make them change their plans?
Thanks for the reply.

 

[^woody^]

Check their plans. They can't submit an application for building on someone else's land without serving you the required notices on you. Typically, they won't show their intentions at the boundary, rather draw it so that everything is on their land. If they don't correctly show it, then any permission is invalid.

Separately, they will need to serve a formal notice on you under the Party Wall Act. With this, they may well be able to create a shared party wall, but you can instruct your own surveyor (at their expense) to look after you're interests. Once served a notice, either reply that you don't agree, or don't reply. Either way, this will create a dispute and invoke the use of surveyors.

 

[tony1851]

If it's your wall, then if they build off it, it is trespass.
Do not depend on the planning department to get involved with this - it is a civil matter between yourself and the neighbours.

 

[^woody^]

If it's your wall, then if they build off it, it is trespass.
Do not depend on the planning department to get involved with this - it is a civil matter between yourself and the neighbours.

If the OP raises concerns early, and the concerns come true, then planners will get involved if there is a breach.

 

[Suki357]

Thanks very much for all your replies.
I've been in touch with the local council and they were not very helpful, to say the least, leaves me wondering what to do next. I'm thinking of putting all this in a letter to my neighbour, I'll keep you posted.
Thanks again.

 

[Leofric]

As woody has explained ,The Party Wall Act is a separate thing to the planning application where you can raise your concerns ( in writing ) with the planning department.

 

[garyo]

I'm thinking of putting all this in a letter to my neighbour, I'll keep you posted.

It's a shame that the neighbour hasn't already discussed the plans with you over the garden fence (before submission). Life is so much easier when you have open communications with the neighbours. Try talking it through with them, but don't make the initial approach feel like it's a show-down. Are you already on nodding terms with them? Is there water under the bridge or past events, so to speak?

 

[^woody^]

If they attempt to build or otherwise interfer with your property at the boundary (and it is yours not already shared), and they have not served a required notice under planning or PW Act, then pay £400 to your county court, fill in a form and get an injunction which will concentrate their minds.

Your house insurers will probably be able to help.