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nthng2snet July 6th 05 11:38 PM

party wall
 
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

BigWallop July 7th 05 12:34 AM


"nthng2snet" wrote in message
...
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that can
overlook it. Everyone around your property within seeing distance needs to
receive a letter of objection to you building an extension. The have a time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on this.



Adrian C July 7th 05 01:04 AM

nthng2snet wrote:

I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.


If there is not one already, I would strongly recommend that you first
put up a fence to establish the boundary. We didn't and our neighbour
(who is one of those from hell types) has nailed trelis to the purposely
12-inch stepped in extension wall and infested the said wall with ivy.
Not able to do a lot about it without enduring a lot of abuse - We're
for a quiet life 'round here...

I don't think you will get away without having to seek permission. The
excavation work you will be doing is also covered by the Party Wall act,
notifiable if it's 3m from the boundary or his structures.

Get on his good side now. Don't end up with the idiot that I have to
tiptoe around.

--
Adrian C






nthng2snet July 7th 05 01:30 AM

On Wed, 06 Jul 2005 23:34:16 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that can
overlook it. Everyone around your property within seeing distance needs to
receive a letter of objection to you building an extension. The have a time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on this.



This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.

BigWallop July 7th 05 01:43 AM


"nthng2snet" wrote in message
...
On Wed, 06 Jul 2005 23:34:16 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that

can
overlook it. Everyone around your property within seeing distance needs

to
receive a letter of objection to you building an extension. The have a

time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the

rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on this.


This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


Your neighbours can't be a nightmare if you give them all the option to
object or not to you building something. If you have a neighbour that
objects, then the council send someone to ask them why they object, or at
least give them a form to fill in to tell them why they object. Remember
that you have to give notice to build to everyone around the area that can
see your proposed build site, so one objection on the grounds of your
neighbour personally not liking you can't stop the project from going
through. That's what the notice is for. :-)



Andrew Gabriel July 7th 05 01:54 AM

In article ,
"BigWallop" writes:
LOL!!! An extension to any property needs permission from everyone that can
overlook it. Everyone around your property within seeing distance needs to
receive a letter of objection to you building an extension. The have a time


No, this is just a courtesy of the council, and varies by council.
The circumstances in which they are _required_ to do this are very
limited. A neighbour applied for planning permission, but I was not
informed by the council as it was just over 1m from my boundary.
Fortunately I got on very well with my neighbours, so they told me
about it, but otherwise it's up to me to keep an eye out for the
official council notices in local newspapers, noticeboards, etc.

In a different council area, I seem to get notifications of planning
applications at least 6 houses away.

limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.


The responses are simply made available to the councillors at the
next planning meeting. If you've ever been to a planning meeting,
you will know that none of the councillors will have read any of
the responses before making their decision, so they are not normally
taken into account. If you want a view taken into account, you would
have to do this by contacting the council and making enough fuss that
they do actually take the trouble to find out what the issues are.
I think most councils will now let you do a 3 minute presentation
at the planning meeting if this has been prearranged (only a single
presentation for, and a single one against, is allowed for any one
planning application).

--
Andrew Gabriel

nthng2snet July 7th 05 02:16 AM

On Thu, 07 Jul 2005 00:43:35 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
On Wed, 06 Jul 2005 23:34:16 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that

can
overlook it. Everyone around your property within seeing distance needs

to
receive a letter of objection to you building an extension. The have a

time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the

rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on this.


This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


Your neighbours can't be a nightmare if you give them all the option to
object or not to you building something. If you have a neighbour that
objects, then the council send someone to ask them why they object, or at
least give them a form to fill in to tell them why they object. Remember
that you have to give notice to build to everyone around the area that can
see your proposed build site, so one objection on the grounds of your
neighbour personally not liking you can't stop the project from going
through. That's what the notice is for. :-)


You are unaware of my relationship wth my neighbour.Please refrain
from replying to my posts


BigWallop July 7th 05 04:57 AM


"nthng2snet" wrote in message
...
On Thu, 07 Jul 2005 00:43:35 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
On Wed, 06 Jul 2005 23:34:16 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone

that
can
overlook it. Everyone around your property within seeing distance

needs
to
receive a letter of objection to you building an extension. The have

a
time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the

rejection
notice within the time limit, then you are allowed to go ahead with

you
build.

The notice must contain a drawn plan of your proposed extension,

clearly
showing where and what sizes it will be, its height, its colour, its

etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on

this.


This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


Your neighbours can't be a nightmare if you give them all the option to
object or not to you building something. If you have a neighbour that
objects, then the council send someone to ask them why they object, or at
least give them a form to fill in to tell them why they object. Remember
that you have to give notice to build to everyone around the area that

can
see your proposed build site, so one objection on the grounds of your
neighbour personally not liking you can't stop the project from going
through. That's what the notice is for. :-)


You are unaware of my relationship wth my neighbour.Please refrain
from replying to my posts


OK :-)



BigWallop July 7th 05 05:07 AM


"Andrew Gabriel" wrote in message
.. .
In article ,
"BigWallop" writes:
LOL!!! An extension to any property needs permission from everyone that

can
overlook it. Everyone around your property within seeing distance needs

to
receive a letter of objection to you building an extension. The have a

time

No, this is just a courtesy of the council, and varies by council.
The circumstances in which they are _required_ to do this are very
limited. A neighbour applied for planning permission, but I was not
informed by the council as it was just over 1m from my boundary.
Fortunately I got on very well with my neighbours, so they told me
about it, but otherwise it's up to me to keep an eye out for the
official council notices in local newspapers, noticeboards, etc.

In a different council area, I seem to get notifications of planning
applications at least 6 houses away.

limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the

rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its

etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.


The responses are simply made available to the councillors at the
next planning meeting. If you've ever been to a planning meeting,
you will know that none of the councillors will have read any of
the responses before making their decision, so they are not normally
taken into account. If you want a view taken into account, you would
have to do this by contacting the council and making enough fuss that
they do actually take the trouble to find out what the issues are.
I think most councils will now let you do a 3 minute presentation
at the planning meeting if this has been prearranged (only a single
presentation for, and a single one against, is allowed for any one
planning application).

Andrew Gabriel


Got ya Andrew G. I just found this on the web:
http://www.planning-applications.co.uk/doineed.htm
it's quite comprehensive about the procedures.

Thanks for the heads up.



riccip July 7th 05 08:13 AM

Adrian C wrote:

If there is not one already, I would strongly recommend that you first
put up a fence to establish the boundary.


Absolutely. The old saying goes: "good fences make good
neighbours". If it's a difficult neighbour make it 6ft high and
try to time erecting the fence while he's on holiday.

Get on his good side now. Don't end up with the idiot that I have to
tiptoe around.


Some neighbours don't even have a good side. In my experience
they will take full advantage of any sign of weakness. :-)

riccip

Rick July 7th 05 11:02 AM

On Thu, 07 Jul 2005 00:43:35 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
On Wed, 06 Jul 2005 23:34:16 GMT, "BigWallop"
wrote:


"nthng2snet" wrote in message
.. .
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that

can
overlook it. Everyone around your property within seeing distance needs

to
receive a letter of objection to you building an extension. The have a

time
limited option to send rejection notice to the council of them being
adversely effected by such a build. If they do not respond to the

rejection
notice within the time limit, then you are allowed to go ahead with you
build.

The notice must contain a drawn plan of your proposed extension, clearly
showing where and what sizes it will be, its height, its colour, its etc.
etc. So you don't just ask your next door neighbour for consent, but
everyone that overlooks where you want to build.

Contact your local council planning department for more details on this.


This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


Your neighbours can't be a nightmare if you give them all the option to
object or not to you building something. If you have a neighbour that
objects, then the council send someone to ask them why they object, or at
least give them a form to fill in to tell them why they object. Remember
that you have to give notice to build to everyone around the area that can
see your proposed build site, so one objection on the grounds of your
neighbour personally not liking you can't stop the project from going
through. That's what the notice is for. :-)


In some locations the "Community Council" get to recommend if the
planning application is approved by the Council proper, so you have to
have reasonable relations with a whole lot more people.

Rick


PC Paul July 7th 05 11:51 AM


"nthng2snet" wrote in message
...

You are unaware of my relationship wth my neighbour.Please refrain
from replying to my posts


Damn. There goes Usenet.

Do you think *anybody* here is aware of your relationship with your
neighbour?

If you don't want answers from the general public don't ask on a public
forum...



[email protected] July 7th 05 12:04 PM



BigWallop wrote:
"nthng2snet" wrote in message
...
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

LOL!!! An extension to any property needs permission from everyone that can
overlook it. Everyone around your property within seeing distance needs to


LOL!!! Where did you get that one? The only permission you need is from
the council planning department. Others can object and may influence
the granting of permission but you certainly do not need a neighbours
permission to build an extension. Overlooking has nothing to do with it
either. even if they can't see the extension from their property they
can still object.

MBQ


Peter Crosland July 7th 05 12:29 PM

I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.


Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.


You need building regulations approval, probably planning permission and you
need to conform to the Party Wall Act. Details on the latter are at

http://www.odpm.gov.uk/stellent/grou...eg_600574.hcsp

A simple Google search would have found thios reference for you.

Peter Crosland



[email protected] July 7th 05 12:36 PM



Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.


Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.


You need building regulations approval, probably planning permission and you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.

MBQ


Al Reynolds July 7th 05 12:51 PM

wrote in message
oups.com...
Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.


Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.


You need building regulations approval, probably planning permission and
you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.

Al




BigWallop July 7th 05 01:35 PM


"Al Reynolds" wrote in message
...
wrote in message
oups.com...
Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.

Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

You need building regulations approval, probably planning permission

and
you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.

Al


Isn't it funny how some people read the first line of the planning and
building regulations, and then they think they know it all. I don't think
anyone who has replied thus far, has read passed the first paragraph. (and
a very big sorry to all those who have replied otherwise).



Peter Johnson July 7th 05 04:25 PM

On Thu, 07 Jul 2005 01:30:52 +0100, nthng2snet
wrote:

This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


In that case you'd better give up on all ideas of an extension. If he
is that bad he'll cause trouble whatever you do.

OldBill July 7th 05 07:47 PM

nthng2snet wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.


Do take account of any overhang of the roof of your new extension.
A friend of mine didn't. At the last minute it was pointed out that the
new roof would overhang the (reasonable) neighbour's by at least 15"
(inc gutter).
The plans had to be hastily modified to move the new wall back and
changes/delay worked out quite expensive.

nthng2snet July 7th 05 11:43 PM




Thanks for some of the replies.

Other than
http://www.odpm.gov.uk/stellent/grou...eg_600574.hcsp

Some other sites I have found that may be usefull for others.
http://www.planningportal.gov.uk/
http://www.opsi.gov.uk/acts/acts1996/1996040.htm
http://www.rics.org/Property/Propert...arty_walls.htm
http://www.onlineplanningoffices.co.uk/frames.htm



[email protected] July 8th 05 08:17 AM



Al Reynolds wrote:
wrote in message
oups.com...
Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.

Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

You need building regulations approval, probably planning permission and
you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.

Al


OK, I didn't phrase it very well, but what I said still holds true
"It's quite clear from the OP that he wants to avoid this by building
away from the boundary". So the answer to his question "How far from
the boundry line can I build without having to seek his permission" is
3m then.

MBQ


[email protected] July 8th 05 08:22 AM



Al Reynolds wrote:
wrote in message
oups.com...
Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.

Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

You need building regulations approval, probably planning permission and
you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.


Not quite. If you are excavating within 3m and lower that your
neighbours foundations or within 6m if you are excavating lower than a
line drawn at 45 degrees downwards from the bottom of neighbours
foundations.

MBQ


Al Reynolds July 8th 05 08:24 AM

wrote:
Al Reynolds wrote:
wrote:
The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.


OK, I didn't phrase it very well, but what I said still holds true
"It's quite clear from the OP that he wants to avoid this by building
away from the boundary". So the answer to his question "How far from
the boundry line can I build without having to seek his permission" is
3m then.


Yes, the bit you didn't phrase very well was the bit where you
said "The party wall act only applies to party walls." which was
of course, completely incorrect. As the respondent to the OP
said, he needs to conform to the Party Wall Act. We all need
to conform to this Act - it's the law.

Al



[email protected] July 8th 05 08:24 AM



BigWallop wrote:
"Al Reynolds" wrote in message
...
wrote in message
oups.com...
Peter Crosland wrote:
I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.

Very wise. Bend over backwards to do the work with his tacit approval.

How far from the boundry line can I build without having to seek his
permission. I have read that this is 300mm but can't find any
information from the odpm.gov. website to confirm this.

You need building regulations approval, probably planning permission

and
you
need to conform to the Party Wall Act. Details on the latter are at


The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.


Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.

Al


Isn't it funny how some people read the first line of the planning and
building regulations, and then they think they know it all. I don't think
anyone who has replied thus far, has read passed the first paragraph. (and
a very big sorry to all those who have replied otherwise).


Isn't it just.

Nor did a lot of people actually read the OP's question.

MBQ


Al Reynolds July 8th 05 08:30 AM

wrote:

Not quite. If you are excavating within 3m and lower that your
neighbours foundations or within 6m if you are excavating lower than a
line drawn at 45 degrees downwards from the bottom of neighbours
foundations.


True, but foundations for a new extension will almost always be
deeper than for the house it is attached to, because of changes in
building control. For the second requirement to apply (outside 3m),
his foundations would need to be 3m deeper than the neighbour's
foundations. This also seems pretty unlikely, if the houses are on
the same level.

Al



[email protected] July 8th 05 12:27 PM



Al Reynolds wrote:
wrote:
Al Reynolds wrote:
wrote:
The party wall act only applies to party walls. It's quite clear from
the OP that he wants to avoid this by building away from the boundary.

Rubbish.

If you want to excavate within 3m of your neighbour's foundations
then the Party Wall Act applies.


OK, I didn't phrase it very well, but what I said still holds true
"It's quite clear from the OP that he wants to avoid this by building
away from the boundary". So the answer to his question "How far from
the boundry line can I build without having to seek his permission" is
3m then.


Yes, the bit you didn't phrase very well was the bit where you
said "The party wall act only applies to party walls." which was
of course, completely incorrect. As the respondent to the OP
said, he needs to conform to the Party Wall Act. We all need
to conform to this Act - it's the law.


The OP said (paraphrasing) that he wants to avoid getting caught up in
anything that involves his neighbour. Yes, in a very general sense we
all have to conform to the act, but if he builds far enough away from
the boundary then the party wall act has no relevance to his situation
and he does not need his neighbours permission to build an extension.

MBQ


[email protected] July 8th 05 01:18 PM



Al Reynolds wrote:
wrote:

Not quite. If you are excavating within 3m and lower that your
neighbours foundations or within 6m if you are excavating lower than a
line drawn at 45 degrees downwards from the bottom of neighbours
foundations.


True, but foundations for a new extension will almost always be
deeper than for the house it is attached to, because of changes in


True, but irrelevant. It's the depth of the neighbours foundations that
apply. The nearest point of the neighbours structure may itself be a
new extension with deeper foundations.

MBQ


Christian McArdle July 8th 05 03:45 PM

This is not about consent to build an extention. Its about avoiding
hassle with an immediate nightnare neighbour.


Yes, so it is up to them to determine what they will object to. If they're
going to object on the boundary line, will they be any different at 30cm,
60cm? The law doesn't state what you can build without offending tetchy
neighbours.

Once you've got planning permission, there's nothing they can do. As far as
planning permission is concerned, they can object, but are unlikely to be
successful unless they have a genuine concern or your application fails on
its merits anyway. They can't object on the basis that they don't want you
to do it. They have to claim that it will mean they are excessively
overlooked or something, which is not possible if the extension has no side
windows.

If there's going to be trouble, I'd just build on the boundary line anyway.
Your neighbours are required by law to allow you, provided PP has been
obtained. They are even required to let you access their land to maintain
the building (i.e. repoint).

Christian.





Christian McArdle July 8th 05 03:52 PM

Yes, in a very general sense we all have to conform to the act, but
if he builds far enough away from the boundary then the party wall
act has no relevance to his situation and he does not need his
neighbours permission to build an extension.


He never needs the neighbour's permission for the extension. The neighbour
can withhold permission all he likes, and you can still build right up to
the boundary line. You can even get an injuction allowing you to enter their
land to do so under some circumstances.

Christian.



[email protected] July 8th 05 04:20 PM



Christian McArdle wrote:
Yes, in a very general sense we all have to conform to the act, but
if he builds far enough away from the boundary then the party wall
act has no relevance to his situation and he does not need his
neighbours permission to build an extension.


He never needs the neighbour's permission for the extension.


Sorry, badly phrased again. I said as much in another part of the
thread.

MBQ


Hugo Nebula July 9th 05 12:20 AM

On Wed, 06 Jul 2005 23:38:20 +0100, a particular chimpanzee named
nthng2snet randomly hit the
keyboard and produced:

I would like to build an extension to the rear of my house. I don't
think the next door neighbour would agree to me building on the
boundry line, in fact I want to avoid the issue with him altogether.
How far from the boundry line can I build without having to seek his
permission.


IANAPartyWallSurveyor, but a neighbour can't withhold permission
(under the Party Wall Act) for an extension on your land, just ensure
that it's constructed to avoid damage to his. See the info on the PWA
on the ODPM site.

You would need his permission to carry out the building operation
across your boundary, as well as for any gutters, eaves, etc. that
hang over. This would be civil law, and I doubt would be on a gov.
website.
--
Hugo Nebula
"If no-one on the internet wants a piece of this,
just how far from the pack have you strayed?"


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