I live in a detached bungalow. There is a dwarf boundary wall between us and next door. The next door owner has just informed me that he intends to build a PVC type extension on the side of his property which will be either upto or on to the existing boundary wall. Are there any regulations regarding this type of development? My concern is the proximity of the building and any rainwater guttering etc that may end up over hanging my ground. I spoke to a Building Regs., officer and he said they should serve a notice to the effect and allow me time to consider their proposals. How do I approach this without making too much of a problem?
Party Wall agreements
- Thread starter Ossie237
- Start date
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'Speak to thy neighbour', they seem reasonable enough to at least let you know of the intention to build.
Ask them for drawings, to what point they will build upto and if anything is going to overhang your land, how is the roof going to drain.....will they therefore require access for maintenance etc etc.
Technically yes a Party Wall notice should've been served, but who bothers or even know's that it should be done in general?
Ask them for drawings, to what point they will build upto and if anything is going to overhang your land, how is the roof going to drain.....will they therefore require access for maintenance etc etc.
Technically yes a Party Wall notice should've been served, but who bothers or even know's that it should be done in general?
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Thank You Woody and Peca. I am not concerned that the neighbour is going to build a porch, but that the structure including any guttering is on her land. I have spoken to the neighbour since my first posting and just pointed out what I think is right and wrong with regards to any proposals, but I haven't actually seen any detailed drawings. As far as I can make out, as long as she doesn't protrude on or over the boundary wall there is no problem, and I would not have a problem with that!! She must stay her side of the boundary wall! Is that correct?
Boundary line not wall.
The boundary line could be either side, or down the centre of any wall which is on or near to the boundary.
Ownership of the boundary wall and the position of the actual boundary can be different
Hi Ossie,
There are a couple of points to consider. Firstly, whether notice is in fact required. In the situation you describe it is likely that an excavation notice would be required since the conservatory foundations are probably lower than the foundations of the wall (if it has any at all) and since it's within 3m notice would need to be served.
The main point of the PWA is to open dialogue so that any design features that might prejudice a neighbour might be addressed before building work commences, as well as helping to prepare for the process of rectifying damage (should any occur) by preparing a Schedule of Condition prior to the start of works.
I would suggest (as one of the other posters did) that you have a chat with your neighbour and mention your concerns together with the fact that notice is required (for excavation of the foundations). The hope is that they will consider a re-design of the guttering (in exchange for you agreeing to the works) so that the rainwater is run off to the front rather than the side (for example), thereby allowing next door to build up to boundary and not have to pull the extension in in order to allow for easements.
Worst case, the PWA doesn't have any real teeth so you would have to consider an injunction to halt works until PW matters have been resolved. The reality is that an injunction is not granted willy nilly - you will have to demonstrate that real damage/loss of rights could occur with the current proposals. The fact that excavations will be going on right next to a wall with no foundations is potential cause as the wall may fall down, plus the issue of easements across the boundary line.
Suggest to your neighbour a trade off of sorts - your agreement for a couple of design changes. If they get funny about it then maybe mention the injunction route. It's not nice, and not my preferred choice, but if they're not being nice then why should you be silent and prejudice your position..?
Hope this helps.
Steve.
PW Surveyor in London.
PS: Temporary hoarding along the face (closest to you) of the excavation (held in place by a series of wooden struts) would reduce the risk of the wall falling over during excavation phase.
There are a couple of points to consider. Firstly, whether notice is in fact required. In the situation you describe it is likely that an excavation notice would be required since the conservatory foundations are probably lower than the foundations of the wall (if it has any at all) and since it's within 3m notice would need to be served.
The main point of the PWA is to open dialogue so that any design features that might prejudice a neighbour might be addressed before building work commences, as well as helping to prepare for the process of rectifying damage (should any occur) by preparing a Schedule of Condition prior to the start of works.
I would suggest (as one of the other posters did) that you have a chat with your neighbour and mention your concerns together with the fact that notice is required (for excavation of the foundations). The hope is that they will consider a re-design of the guttering (in exchange for you agreeing to the works) so that the rainwater is run off to the front rather than the side (for example), thereby allowing next door to build up to boundary and not have to pull the extension in in order to allow for easements.
Worst case, the PWA doesn't have any real teeth so you would have to consider an injunction to halt works until PW matters have been resolved. The reality is that an injunction is not granted willy nilly - you will have to demonstrate that real damage/loss of rights could occur with the current proposals. The fact that excavations will be going on right next to a wall with no foundations is potential cause as the wall may fall down, plus the issue of easements across the boundary line.
Suggest to your neighbour a trade off of sorts - your agreement for a couple of design changes. If they get funny about it then maybe mention the injunction route. It's not nice, and not my preferred choice, but if they're not being nice then why should you be silent and prejudice your position..?
Hope this helps.
Steve.
PW Surveyor in London.
PS: Temporary hoarding along the face (closest to you) of the excavation (held in place by a series of wooden struts) would reduce the risk of the wall falling over during excavation phase.
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