Party wall garage

[AndyPRK]

Me neighbour and I have 2 garages next to each other. It’s detached.

Most of the land around the garage belongs to my neighbour. (Apart from a parking space infront of my garage).

I notice he has put in planning permission to build another garage next to mine.
(As well as other works - a smallish extension to his house )

Assuming it gets granted, does this give him automatic permission to start messing with my wall to T in new brick work for his new garage?

Does my wall automatically become a party wall?

I don’t necessarily object to the extra garage, even though it’s a surprise, but want to put something on the planning application to cover myself legally as it doesn’t really state they are going to mess with my wall.

I want to ensure things are ok when/if I come to sell my house and garage.

Or would I be better to not put any comments on the planning application? Thus showing I’m not aware.

He’s recently painted my eves (that will be removed when building starts). Is he trying to show he is maintaining it?

 

[Murdochcat]

Your neighbour has no rights to touch your property, let alone attach anything to it

 

[^woody^]

Your neighbour has no rights to touch your property, let alone attach anything to it

The Party Wall Act if it applies, will grant such rights.

 

[^woody^]

I don’t necessarily object to the extra garage, even though it’s a surprise, but want to put something on the planning application to cover myself legally as it doesn’t really state they are going to mess with my wall.

You won't cover yourself. Planning law is different to property law, and the rights granted via any permission, say permission for a building on land which the applicant does not own, does not grant rights to actually build on the land.

The right to attach to your building would require your express consent, or if the Party Wall Act applies it can be done that way if the process is followed - and you can't refuse.

 

[AndyPRK]

The wall in question is not currently a party wall.

 

[^woody^]

The PWA allows a party wall to be created or wall converted to a party wall.

You can comment on the planning application, in terms of support or object for how the proposal affects you, your use and your enjoyment of your property. You could potentially influence design changes.

Check if any proposed works crosses your boundary. If the neighbour wants to overhang the boundary, there is a specific planning notification process.
Then if agreed, monitor the works for conforming to the approval and any conditions.

Then, if the PWA applies, ensure the process is followed, and if an Award is issued, pass that to any future buyer as a record of what was agreed.

 

[wessex101]

The PWA allows a party wall to be created or wall converted to a party wall.

I think that needs a bit of clarification. A new party wall can only be created with the express consent of both neighbours it cannot be imposed or "allowed" under the party wall act. The PWA only provides the procedure by which the consenting parties can proceed.

If the OP refuses there is absolutely nothing the neighbour can do to force a new party wall or convert the existing boundary wall to be a party wall.

 

[Murdochcat]

I think the OP needs to engage with the neighbour and specifically on the basis of the requirement of the Party Wall agreement - as the neighbour is duty bound to pay for both surveyors (and make sure you don't agree to use the same on) get some proper advice on this rather than relying on sometimes dubious advice off the internet.

 

[noseall]

rather than relying on sometimes dubious advice off the internet.

Your neighbour has no rights to touch your property, let alone attach anything to it

I think Woody and Wessex have been rather helpful.