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UK diy (uk.d-i-y) For the discussion of all topics related to diy (do-it-yourself) in the UK. All levels of experience and proficency are welcome to join in to ask questions or offer solutions. |
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#1
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retrospective party wall dispute
I would like to build a side extention to my property. The next door neighbour built a side extention, about eight years ago.They built upto and just past ( by a couple of inches ) the party wal lline. They didn't ask us and to be honest at the time I wasn't aware of the party wall act. At the time i only asked the council about planning permission. So now I want to build a side extension adjoining his. He verbally agreed a couple of weeks ago , subject to looking at the plans.Today we ( not the royal we . me and the builder) met him today and he said he was still 'considering'. Does anyone have any info if there is a time limit to issusing him with a dispute over his infringement of the party wall act, albeit 8 years ago from when his was built. |
#2
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nthng2snet (replacename) wrote:
and he said he was still 'considering'. Does anyone have any info if there is a time limit to issusing him with a dispute over his infringement of the party wall act, albeit 8 years ago from when his was built. what would you hope to achieve by doing that? NT |
#3
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and he said he was still 'considering'.
AIUI, you don't need his permission. If he didn't want you using "his" wall, then he shouldn't have built it as a party one, but set it back 30cm from the boundary line. You are required to pay for his surveyor, though, if he wishes to employ one. Christian. |
#4
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Quote:
Can you describe it better? is this in what was previously a garden? what sort of boundary wall did you have before? and now presumably nextdoors extension protrudes a few inches onto your side beyond the wall/fence that was there previously. I'm sure you can come to an agreement with him to agree for you to tie in to his extension. If you can't you could go down the route of getting nasty with him, solicitors letters telling him he is trespassing on your property and asking him to remove the offending structure. (this is why planning authorities do not allow building on top of the boundary). Wig |
#5
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In article , Wig wrote:
I'd be surprised if they got planning permission to build up to and on top of the party wall/boundary line. My council would never have granted this, I know because I asked them. The fact that what is proposed is not on your own land is not a reason for refusing PP. You can apply for permission to do something on a site that you do not own any part of - most usually done as a prospective purchaser, but I have known a local environmental group do this to establish the fact that site x could be used for y, and not turned into flats. The only restriction is that if your application is for, or includes, land which you do not own, you have to serve a notice on the owner of said land. The fact that such as notice has not been served will not generally invalidate any permission that has been granted (except in the case of fraud), but it does render you liable to being prosecuted, and of course the fact that you have PP does not give you any rights to build over your boundary. In this case if the wall has been built over the boundary then ISTM (IANAL) that the adjoining owner has two choices: rebuild it on his side of the boundary, or accept it as a party wall. -- Tony Bryer SDA UK 'Software to build on' http://www.sda.co.uk Free SEDBUK boiler database browser http://www.sda.co.uk/qsedbuk.htm [Latest version QSEDBUK 1.10 released 4 April 2005] |
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