Neighbours extension

[ToniR]

Hi,
My neighbour applied for planning permission to do a 2 storey extension. It got approved and building is likely to start very soon (digger and equipment has been dropped off today). We however have not had party wall notice. Can anyone advise if this definitely is a party wall as reading up things and I'm getting myself confused.

The black line at the top is my external wall, they are doing a 2 storey attaching to my 2 storey external wall and a single storey where my single storey extension in but not attaching to that as it doesn't go up to the boundary line.

By the look of the drawings they are also going upto our roof and making it shared guttering.

 

[^woody^]

There are several ways that the party wall act may apply - proximity of foundations and raising or using a party wall are the common reasons. Each will have a slightly different procedure and notification timetable.

The other issue is connection to a wall or roof that are your property. This may be distinct from party wall matters, but comes under common law and property ownership - ie no-one can interfere with/connect to another's property without their express permission, including gutters.

Btw, your post suggest you have posted a plan, but you haven't.

 

[ToniR]

 

[ToniR]

Apologies I thought it had attached the images, it now appears to have put them in multiple times.

We have spoken to her as work starts tomorrow and apparently the architect put party wall notice as an advisory so she thought she didn't need to.

She won't give any definitive answers to the build, just plays ignorant and the architect has planned it all.

I pointed her in the direction of the act and explained she needed to give it a read.

I really hate the thought of extension works being done on my building and roof but also don't want to be the awkward neighbour.

 

[johnny2007]

Whatever you decide, make sure they don't leave a stupid 4 inch gap between your wall and theirs as this seems to be the preferred way amongst cowboys.
It would be better to have their extension attached to yours than the above.
If you don't want to share a wall, they would need to leave a service gap of a couple of foot between walls, but surely the architect didn't plan this and they won't be happy to lose the space.
Imo, if your wall is on the boundary or thereabout, it's better to let them build on your wall so that there's no gap.
Same for the roof.
It would save lots of headaches in future.

 

[Diver Fred]

If you are unhappy you do need to be a difficult neighbour in this case for both your sakes.

You need to get onto your solicitor (and Building Society if you have a loan) ASAP tomorrow. I'd suspect the BS will foreclose without a PWA if they don't agree before work commences.
You may need a letter from your solicitor to stop the work until the PWA is sorted.

The PWA should be at their cost - which is probably why their architect said 'advisory' rather than needed.

Is their 'architect' registered (ARB) or an architectural designer?

 

[DevilDamo]

The PWA will apply and you could make it quite difficult and cause financial hardship to the building owner. PWA’s cannot be served during or post building works either. May be worth speaking to a PWS swiftly and making your neighbour aware of your concerns.

 

[johnny2007]

Architects will usually write something along the lines of "a PWA might be necessary prior to commencing work".
Is this what you considered "advisory"?

 

[ToniR]

Thank you everyone, we did seek legal advice earlier and was told to write a formal letter advising them to look at PWA and that they have 14 days to respond.
We did this and they have said work will definitely be starting tomorrow regardless. We have been advised to take photos and videos etc and can then apply for an injunction to stop work.
As it currently stands we know nothing about the build other than the planning permission drawings. I'm not necessarily against it but I don't know exactly what they are doing or what plans are if they damage anything etc. I need all the info to decide whether I'd oppose the works.

 

[^woody^]

You need to carefully consider your position not just now, or during/ after the work and potential damage, but subsequent impact of the works on your property (maintenance) and liabilities, and value - including what a possible future owner may think.

Don't be afraid to injunct to protect your position. It seems that the neighbour was not too concerned about you.

 

[wessex101]

This was especially cheeky I thought. They want to create a new valley gutter which will involve cutting into your roof and didn't feel the need to discuss it with you first?
That would be ringing alarms bells with me and I would be talking to a local party wall surveyor to send them a strongly worded letter suggesting they appoint a surveyor and serve notice pronto or it will get very messy very quickly.

 

[^woody^]

This was especially cheeky I thought. They want to create a new valley gutter which will involve cutting into your roof and didn't feel the need to discuss it with you first?
That would be ringing alarms bells with me and I would be talking to a local party wall surveyor to send them a strongly worded letter suggesting they appoint a surveyor and serve notice pronto or it will get very messy very quickly.

Roofing/guttering is not a party wall matter

 

[catlad]

Will be if its leaking as a result of anywork carried out building the extension.

 

[Diver Fred]

Think we are all interested in how things are progressing? Please do tell.

 

[Notch7]

We did this and they have said work will definitely be starting tomorrow regardless

The party wall act is there to stop neighbours being bullied like this.
Injunction time.

Don't forget these days when selling a property unresolved issues get picked up by surveyor / conveyencing solicitor....and any unresolved legal issue will be used as a lever for a price reduction.