Side extension - Boundary dispute -Party Wall Act?

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Hi,

My neighbour is unhappy with my idea of building a side extension up until the boundary. He said he won't be able to unscrew his fence for future maintenance/repairs, and he's also complaining that his wife is ill etc. (noise concerns, I think)

I approached him in a very friendly way, I proposed that we could negotiate the working hours for noise reduction, and even offered to pay for changing his fence fittings or something, so that he's able to remove the panels completely from his side afterwards, but he thinks I should leave some 20cm gap instead. After I proposed these things, he said he's fed up etc. and he's been grumpy and dodgy since then. He's 85ish years old, difficult to understand and be understood, but I need to move ahead, unfortunately.

I already confirmed that my plans fall under permitted development, etc, the only caveat is that I still need to send him a notice due to excavations being closer than 3m from his building. I'd like a second opinion here, please, because I'm pretty sure this will turn into a dispute, and I will have to pay a surveyor to resolve it. Another thing I noticed, but still haven't spoken to this neighbour about, is that his fence panels are encroaching my property (overhanging my land), but I am trying to be friendly and will only dispute these 3-5 cm of encroachment if he insists in disputing my right to excavate and build up to his fence.

Photos attached. The houses are from the 1970s, and I guess these fence panels were incorrectly fitted afterwards. As per the title plans, this fence is his sole responsibility.

What do you think I should do, please?
Remember, the friendly talk has already been tried. With the new wall he doesn't even need a fence, I already tried this argument, by the way.
 

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I agree with your neighbour. Don't go to the boundary but leave a gap. How are you going to get in to maintain your own property in the future without going on to his property? I have to be honest and say people building right up to the boundary is one of my pet hates.
 
Your foundations can go up to the boundary which means your wall won’t be on the boundary. Also beware that the neighbour does not have to give you ANY access to build your extension either
 
It looks like it'll cost you more in settling legal disputes than an extension right up against the boundary line. Have you considered a loft extension?
 
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I agree with your neighbour. Don't go to the boundary but leave a gap. How are you going to get in to maintain your own property in the future without going on to his property? I have to be honest and say people building right up to the boundary is one of my pet hates.

+1
 
Hi,

My neighbour is unhappy with my idea of building a side extension up until the boundary. He said he won't be able to unscrew his fence for future maintenance/repairs, and he's also complaining that his wife is ill etc. (noise concerns, I think)

I approached him in a very friendly way, I proposed that we could negotiate the working hours for noise reduction, and even offered to pay for changing his fence fittings or something, so that he's able to remove the panels completely from his side afterwards, but he thinks I should leave some 20cm gap instead. After I proposed these things, he said he's fed up etc. and he's been grumpy and dodgy since then. He's 85ish years old, difficult to understand and be understood, but I need to move ahead, unfortunately.

I already confirmed that my plans fall under permitted development, etc, the only caveat is that I still need to send him a notice due to excavations being closer than 3m from his building. I'd like a second opinion here, please, because I'm pretty sure this will turn into a dispute, and I will have to pay a surveyor to resolve it. Another thing I noticed, but still haven't spoken to this neighbour about, is that his fence panels are encroaching my property (overhanging my land), but I am trying to be friendly and will only dispute these 3-5 cm of encroachment if he insists in disputing my right to excavate and build up to his fence.

Photos attached. The houses are from the 1970s, and I guess these fence panels were incorrectly fitted afterwards. As per the title plans, this fence is his sole responsibility.

What do you think I should do, please?
Remember, the friendly talk has already been tried. With the new wall he doesn't even need a fence, I already tried this argument, by the way.
If you build up to the boundary, how will you deal with any roof overhang, without the problem of trespass?
 
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Your foundations can go up to the boundary which means your wall won’t be on the boundary. Also beware that the neighbour does not have to give you ANY access to build your extension either
A line of junction notice under the Party Wall Act entitles the neighbour to dig a foundation over the boundary and can grant access to do the work.
 
I agree with your neighbour. Don't go to the boundary but leave a gap. How are you going to get in to maintain your own property in the future without going on to his property? I have to be honest and say people building right up to the boundary is one of my pet hates.
+2
 
Don't have an overhang.
The hilarious thing is that designers always forget that bit. I wonder if it's because the alternative to any overhang is pig ugly or that it just doesn't work all that well.
I suppose if he does a really ugly lofty as well, it'll take the attention away from the zero-overhand detail. (y)
 
I agree with your neighbour. Don't go to the boundary but leave a gap. How are you going to get in to maintain your own property in the future without going on to his property? I have to be honest and say people building right up to the boundary is one of my pet hates.
And yet that is exactly what the neighbour has done with his car port and fence and now expects the OP to leave a clear gap so he can have access?

How do we have semi detached houses and terraced houses if building up to the boundary is so problematic.

The OP should build up to the boundary. The design should ensure the wall requires no maintenance and has no overhang to cross the boundary to avoid potential disputes in the future. In fact my preferred option is, with the neighbour's agreement, to build astride the boundary so that the neighbour has the option to use the new party wall in the future if they wish.
 
The hilarious thing is that designers always forget that bit. I wonder if it's because the alternative to any overhang is pig ugly or that it just doesn't work all that well.
I suppose if he does a really ugly lofty as well, it'll take the attention away from the zero-overhand detail. (y)
It's all about how well it is designed at the front and rear so as to mask the side and absent projection. And how the lack of drip is dealt with.

But the point is, it can be a suitable solution to this type of problem and not look half-arsed.
 
It's all about how well it is designed at the front and rear so as to mask the side and absent projection. And how the lack of drip is dealt with.
I think this is where the idea fails. Usually resulting in permanently wet or spalled or effloresced brickwork.
 

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