Party Wall Act advice – removal of shared party wall (our garage/granny flat) for neighbour’s extension

[gussie01]

Our neighbours have planning permission for a two storey extension to the side of their property. Currently, we both have a brick garage with a shared party wall running along the boundary of the properties. The tiled, sloping roofs of the two garages are attached. To complete their extension, the neighbours need to remove the shared party wall and replace with cavity walls. When they got planning permission in September 2021, they had verbal agreement from the previous owner’s for the removal of the shared party wall. Can this be formally enforced?



The neighbours asked yesterday if we were happy with their extension and said they would make good any effects on our property but we thought they just meant replacing some tiles, we did not realise the wall needed to be removed. Our garage has been converted into a granny flat so it is not just a garage wall, there are also electricals, built in furniture, flooring, plastering and painting to be ‘made good’. In addition we would need the furniture currently in there to be put in storage while the works are carried out. We understand that they should serve us formal notice (Party Wall Act), we can then agree or object or ignore it, which counts as an objection. Should we also request that a Party Wall Survey is completed (at their expense)? What protection would having or not having this give us against damage, failure to ‘make good’, lengthy delays etc? They have told us that the work will start in a couple of weeks but looking online it seems they have to give us two months notice. We do not want the work to start until after Christmas as we will have guests using the granny flat over the holidays.



They are also building a two storey extension over the top of where the garage was (single storey) and we are concerned with whether they have the correct foundations for this and if they do not, what effect this might have in future on our property. Or if they need to dig new foundations right next to our granny flat/garage, could this also cause damage? Should we insist on seeing their Building Regulations approval, assuming they have this in place? They have said we can talk it through with their builder, although we are aware the builder is a friend of theirs.



We have only just moved here in September 2022 so do not know our neighbours well but don’t want to damage the relationship by outright refusal. We don’t have an objection to the extension itself, just want to make sure that we are protected and we end up with the same set-up as we have now, without it costing us anything. We may in future want a similar extension ourselves but are not committed to this currently.



Are there any other steps we should take to ensure we are protected or is it risky to even consider agreeing to this? Any advice much appreciated.

 

[oldbutnotdead]

Well that's a ball of snakes. Firstly (important) do you have a building control completion certificate for your granny annex? How old is the building, when was the conversion done?
Second, there are advantages and disadvantages to the neighbours plan (cavity wall across the boundary). Advantages- if you decide to do the same or similar extension you can use your side of that wall, no dead maintenance gap between walls.
Disasvantages- noise transfer mainly plus the obvious upheaval from removing or propping your roof and fully refitting your granny annex.
Nothing the previous owners said binds you. Are the neighbours aware of the scale of 'making good' they will be committing themselves to?
Legally you should have been served with a Party Wall notice- you would be well within your rights to refuse permission for any works on the party wall until they've served that notice.
First thing they and you need to do is sit down and have a detailed conversation about what they are doing, how it will affect your house and what they need to do as part of their scheme to get you onside. Ideally their builder would also be present so he is aware of what will be involved.
Any agreement must (for your protection) be written down and signed by both parties.

 

[^woody^]

No they can't rely on any verbal agreement with the previous owner.

They must serve a formal PW notice for the work pursuant to the Act and either get your explicit agreement else engage surveyor(s) to draw up an "Award" - which will state what they can and can't do and how they must do it.

The PW Act will allow a new party wall to be built, and you may be compensated and all damage made good.

 

[mrrusty]

Make sure there are plenty of photos and a condition report. Yes, get a party wall surveyor involved. Make sure you have seen and considered their plans. Personally I think pragmatic engagement and an agreed way forward is better than conflict.

 

[gussie01]

Well that's a ball of snakes. Firstly (important) do you have a building control completion certificate for your granny annex? How old is the building, when was the conversion done?
Second, there are advantages and disadvantages to the neighbours plan (cavity wall across the boundary). Advantages- if you decide to do the same or similar extension you can use your side of that wall, no dead maintenance gap between walls.
Disasvantages- noise transfer mainly plus the obvious upheaval from removing or propping your roof and fully refitting your granny annex.
Nothing the previous owners said binds you. Are the neighbours aware of the scale of 'making good' they will be committing themselves to?
Legally you should have been served with a Party Wall notice- you would be well within your rights to refuse permission for any works on the party wall until they've served that notice.
First thing they and you need to do is sit down and have a detailed conversation about what they are doing, how it will affect your house and what they need to do as part of their scheme to get you onside. Ideally their builder would also be present so he is aware of what will be involved.
Any agreement must (for your protection) be written down and signed by both parties.

No, we don't have a building control completion certificate and not sure when it was done. It is not fully converted, it has cold water but not hot. There is a sink and toilet but no shower. But the garage door does not work, it has been plastered over so it looks like a room inside, with separate small room for the toilet. Will this matter?
I will ask for the Party Wall notice and discuss the works with the builder and neighbours.

 

[gussie01]

No they can't rely on any verbal agreement with the previous owner.

They must serve a formal PW notice for the work pursuant to the Act and either get your explicit agreement else engage surveyor(s) to draw up an "Award" - which will state what they can and can't do and how they must do it.

The PW Act will allow a new party wall to be built, and you may be compensated and all damage made good.

I saw on someone else's forum that if we agree to the Party wall notice, we can't then force them to get a party wall survey done? Would building regulations approval also be needed in this case, or would it be covered by the planning permission?

 

[gussie01]

No, we don't have a building control completion certificate and not sure when it was done. It is not fully converted, it has cold water but not hot. There is a sink and toilet but no shower. But the garage door does not work, it has been plastered over so it looks like a room inside, with separate small room for the toilet. Will this matter?
I will ask for the Party Wall notice and discuss the works with the builder and neighbours

 

[gussie01]

It also has no central heating

 

[jeds]

Is there a completed party wall award in place? Not a notice - a completed award! If so you are bound by it. Check with your solicitor and take it from there. If there is one, check the dates and terms etc.

If not then neighbour must start again, new notice, new award. The process should be self-explanatory.

 

[mrrusty]

If so you are bound by it.

Is this true? My understanding was if the award was agreed by the previous occupant, it doesn't carry over to you. The neighbour would have to start again. I may be wrong - needs someone else to confirm.

 

[jeds]

You can only go by common practice and authoritative guidance - which is Anstey Horne. The act itself doesn't say either way. Of the half a dozen times I have had changes of ownership, the awards have continued. Until somebody takes it to court - nobody ever has - there won't be a definitive answer. There are two problems with thinking that awards may be superseded; one is that the act doesn't mention changes in title but it does specifically say it cannot be acted in retrospect. This means that, if you throw out an extant award, a new one cannot be started. Legal authority believes that this means properties would be left in limbo and the act could not have intended that. The second is that nobody, as yet, has risked the potential compensation claim that might come with losing a dispute over a change in title.

 

[gussie01]

Is there a completed party wall award in place? Not a notice - a completed award! If so you are bound by it. Check with your solicitor and take it from there. If there is one, check the dates and terms etc.

If not then neighbour must start again, new notice, new award. The process should be self-explanatory.

As far as I'm aware there is no completed party wall agreement in place, they just had verbal agreement from the previous owner when they applied for planning permission. If we get them to serve us with a Party Wall Notice and we agree to the terms, can we then ask them to get a Party Wall Survey done or should we refuse permission to the PWN and that will force them to get a Party wall Survey? Would building regulations approval also be needed in this case, or would it be covered by the planning permission?

 

[jeds]

Previous verbal agreements aren't valid. Ask them to serve notice. This should include information on exactly what they plan to do and how they plan to go about doing it. The notice should give you the option to appoint a surveyor, or you can appoint the same surveyor that they are using. This might sound a bit dodgy but, providing the surveyor is an experienced party wall surveyor and the work is relatively straightforward, it shouldn't be a worry. The surveyor, once appointed, will arrange a condition survey before work starts and this will form part of the party wall award.

 

[gussie01]

As an update, neighbour has just messaged to say they were hoping to underpin the wall but if that's not possible, will step back towards his house and build the wall from there. If he submits a Party Wall Notice that relates to building on his side only, would you recommend I still get a surveyor involved?

 

[^woody^]

I saw on someone else's forum that if we agree to the Party wall notice, we can't then force them to get a party wall survey done? Would building regulations approval also be needed in this case, or would it be covered by the planning permission?

As part of giving your agreement you could require condition surveys to be carried out.

Planning permission and building regulations are different - the former is what can be built, the latter how to build it.

Do not rely on building inspector looking after your interests, they don't and won't.