Party wall act 1996

[burts]

I am planning on doing a rear extension. I have a garage either side. Mine and my neighbours. To save time and money on the build I want to use both garage walls as my outer skin. The neighbours garage actually forms our boundary but have no idea if it’s classed as a party wall. Question is, how do I word what I want to do in my letter to them? As I’m not building astride the boundary line, I am building wholly on my land but want to tie in to the brick wall and block in front of it. Photos attached. Hope for a response as I need to get this done ASAP

 

[^woody^]

You can't tie into anyone's wall without their permission.

You can build a new wall astride the boundary, a new party wall and use that.

 

[burts]

I’m not asking to do anything without permission. Even if I build next to it I still require their permission to dig foundations near their building.

As far as I’m aware, to build astride a boundary line, means to build a wall which is in the middle of the boundary line, meaning half over the line. This isn’t the case as there is already a wall that forms the line. I want to avoid building a new wall up to it and have a silly little gap between my extension and their garage. I’m asking how to put it in words for me to be able to use the boundary line wall as my outer skin wall. Neighbours have already said it shouldn’t be an issue.

 

[^woody^]

I’m asking how to put it in words for me to be able to use the boundary line wall as my outer skin wall

The wont be anything to do the the PWA. It will be a private arrangement, which will either be a an easement or a limited licence and either of which should be attached to the property deeds.

The wording can be

Hello neighbour,

Can I fix my wall to yours

• Yes
• No

(Please tick)

Regards
Your neighbour

But if you do it properly and attach it to both deeds and avoid future problems, then it would be written a bit different and formalised, and probably via a Solicitor.

And be sure the wall will satisfy the compartmentation requirements under building regualtions, without having to do work on the neighbours side.

 

[burts]

Ok, I kind of understand but not fully.
I don’t know weather or not the wall is actually a party wall because it’s built on my land slightly if im going by the title plan where my boundary runs.

It will just look much neater than having a gap

 

[motorbiking]

The party wall act is really about possible damage to your neighbours property. It doesn’t give you a right to use a wall already up to the boundary. If your neighbour’s wall is on your land a bit, it’s kinda tough.

It’s going to be a lot easier to build your own wall, rather than expect your neighbour to allow you to build in to his with loads and functions that it almost certainly wasn’t designed for.

You will still likely need a party wall agreement for the erection of your own wall and arrangement of any waterproofing

 

[burts]

The party wall act is really about possible damage to your neighbours property. It doesn’t give you a right to use a wall already up to the boundary. If your neighbour’s wall is on your land a bit, it’s kinda tough.

It’s going to be a lot easier to build your own wall, rather than expect your neighbour to allow you to build in to his with loads and functions that it almost certainly wasn’t designed for.

You will still likely need a party wall agreement for the erection of your own wall and arrangement of any waterproofing

Yes I agree, just easier and less hassle to build my own wall up to it. Will probably leave 500mm so I can get down and do some maintenance. Neighbour already knocked and said they will sign an agreement for a new wall to be built.
Already applied for the Neihbour consultation scheme as going out 6m. Once that’s ok and I have the party wall agreement signed. Is there anything else I need.

Should I apply for a lawful development certificate ?

 

[burts]

If anyone is still reading this..... when I serve the PWA on the within 3m basis and digging foundations possibly lower, so I have to give drawings and plans of the extension and foundation depth? That’s what I’ve read but won’t know foundation depth until BC tell me what they want to pass it
Thanks

 

[^woody^]

won’t know foundation depth until BC tell me what they want to pass it

Then how do you know that the PWA will apply and that you need to serve the section 6 notice in the first place?

 

[Leofric]

It is possible to build a new cavity wall say 120mm from the neighbours brick wall and fill the gap with air bricks on end set back say 10mm. You would need to provide flashings on to the adjoining building over the gap but you would have a structurally independent new extension building. The situation would be more complicated if you need to go down deeper with your foundations than the existing garage foundations.

 

[burts]

Then how do you know that the PWA will apply and that you need to serve the section 6 notice in the first place?

Doesn’t the PWA apply just because I’m intending to build within 3m of their building? That was my understanding?
They have already agreed to the works so surely it’s better to have it in place rather than not. I don’t want to be digging holes for no reason right now.

The building is a garage so I should imagine I will be going lower, but are you saying if I don’t go lower then I don’t need it?

 

[motorbiking]

If they have agreed to sign it, do it anyway. If you don’t and some damage appears they can come after you for many years to come.

 

[^woody^]

Doesn’t the PWA apply just because I’m intending to build within 3m of their building?

It only applies if you are excavating lower than the neighbour's foundations.

 

[motorbiking]

if he serves it and then doesn’t he can nullify it if he words it well.

 

[^woody^]

And if he serves it when he did not need to, and the neighbour's mate down the pub who "knows a bit about building" says to him to dispute it and instruct a surveyor, then the OP's cost saving scheme goes out the window.