Party Wall Act... do I need to serve notice?!

[MrHockin]

Hi all,

I'm technically new here, although I've been a stalker of the forum for several years, and they have been invaluable to my projects in the past, so thanks

I'm after some help with the Party Wall Act, and can't find what I'm looking for after scouring through previous posts; my question is rather specific, and I can't decide whether I need to serve notice on my neighbour or not.

I've got a L shaped house, at the end of a terrace of three; the 'base house' is essentially a two bed, however when it was built (in 1975) an additional 'bit' was added on, making it an L. It's not an extension, as it's how the house was built (it even has a cavity wall, weird). I own all of the boundary, which has a wall sitting entirely on my property the whole way around (about 3' high with a 2' fence on top), the boundary wall does not separate any buildings, it only separates our gardens (thus it is not deemed a party wall).

I'm soon to be extending my house (essentially squaring off the L with a single storey 'wrap around'), and have planned to build up to the boundary line. I have planning permission agreed, and building regs approval, and will not be encroaching on my neighbours land (not even with guttering, as it'll be concealed); I will be building within 3m of my neighbours house, but I will not be digging deeper than my neighbours foundations (I dug down to mine to measure depth), so no notice needed there.

My question... As a wall already exists on the boundary, all I essentially want to do is replace it with a higher wall which will form the external wall of my extension (it will project 3m from my current house). I have read through the PWA, and it stipulates serving notice for the construction of a 'new wall' (Line of Junction notice), however this is not going to be a new wall, simply the renewing and raising of a current wall. Do I need to serve any notice to my neighbour? The reason ask is because although my neighbour is okay, her daughter is a nightmare (grown women, she doesn't live there), and I know that if I serve notice she'll object and then I'll have the expense of getting a PW Surveyor (possibly two) on board. I know the daughter will object as she did during the planning application, but her objection was ignored by the council.

I've attached a picture for reference, hopefully I've explained things well enough. Apologies for the loooong post, but needed to get some context in there!

Thanks for any help

 

[John D v2.0]

You can build what you like on your side as long as it doesn't go deeper than their foundations within 3m. If it really is your wall on your own land, then unless it's supporting their land and they have acquired a right to that support through easement or whatever, you can knock it down or build a fresh one as you like. Even if your deeds mention maintaining that boundary, unless you're the original owner, it's unlikely they could enforce on you, and you're rebuilding anyway.
Just keep the occupier up to date on your plans, as no one likes a builder turning up unexpectedly next door for weeks on end, but in my non professional opinion you'll be fine as long as you don't damage anything of theirs.

 

[John D v2.0]

PS a party wall is indeed what separates your buildings, but if it's on the line, separating your gardens, a wall is called a party fence. Bizarrely, if it actually is a fence rather than a wall, then it isn't anything under the pwa.

 

[MrHockin]

Thanks for the reply John, it's basically what I was thinking... and unless we're both wrong, I'm good to go! I will be letting my neighbour know when the build will start, just so she can book a holiday or something

And yeah, the Party Wall/Fence thing, quite strange, but my wall is on my land (not astride the boundary) so happy days!

 

[eddieed]

Hi,

I have been looking at something similar recently and there is a guidance booklet:

https://www.gov.uk/government/uploa..._Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

Page 17 is the start of the section you need. It talks about laying astride and laying up to the boudary. The specific section reads this:


"25. What happens after I serve notice about building up against the boundary line?


Unless your neighbour objects, you may start work one month after your notice was served.

The wall will be built wholly at your own expense and you will have to compensate any Adjoining Owner for any damage to his property caused by the building of the wall, or the placing of footings and foundations under his land. There is no right to place "special foundations" (see Appendix A) under his land without his written consent, and the placing of normal projecting foundations can only be done if it is necessary. "

Our neighbours are being a pain during our planning application and have already hinted that they would contest any party wall agreement. Which I would need to build up to the boundary (this is a small retaining wall to hold land back - we are higher)

I will be building the wall 1 cm from the boundary line so that I don't have to serve notice - not that anyone knows where the boundary line is anyway. As a considerate neighbour I would always repair anything that is damaged anyway!

 

[MrHockin]

Thanks for that eddieed, it's a nightmare huh! Luckily for me (I hope), it states that notice needs to be served for 'new building' on the boundary, and as there's already a wall on my boundary (on my land), it won't be a new addition.

Do you have a retaining wall on the boundary already?

 

[^woody^]

Once you knock the wall down, you will need to build a "new" wall. If this new wall is astride the boundary, the PWA applies. Refering to it as existing, makes no difference in context of the PWA

If the exiting wall is astride the boundary, but you plan to rebuild on your side of the boundary, then you will need the neighbours permission separately to do that as it would be jointly owned.

 

[eddieed]

Thanks for that eddieed, it's a nightmare huh! Luckily for me (I hope), it states that notice needs to be served for 'new building' on the boundary, and as there's already a wall on my boundary (on my land), it won't be a new addition.

Do you have a retaining wall on the boundary already?

Sort of, but it's not very well built...but as Woody says it doesn't matter. My wall won't face the boundary it will be 1cm inside it. They wont see it anyway as they have a fence on their side.

 

[MrHockin]

Cheers Woody. I've seen you on quite a few threads on here commenting on the PWA, so I'm presuming your pretty well versed! The wall is entirely on my land, and butts up to the boundary line, not astride it; it's technically not deemed a party wall as it doesn't separate any buildings. I am building within 3m of my neighbours house, but my foundations will not go any deeper then theirs, so no notice needed there from my understanding. What's your take?

 

[^woody^]

Yes that's fine then the Act won't apply.

 

[wessex101]

Cheers Woody. I've seen you on quite a few threads on here commenting on the PWA, so I'm presuming your pretty well versed! The wall is entirely on my land, and butts up to the boundary line, not astride it; it's technically not deemed a party wall as it doesn't separate any buildings. I am building within 3m of my neighbours house, but my foundations will not go any deeper then theirs, so no notice needed there from my understanding. What's your take?

If it butts up to the boundary (not astride it) and you are rebuilding the wall with new foundations you should technically serve a line of junction notice as others have suggested. However, I tend to go with with the friendly neighbour approach and try to get an informal agreement rather than all the party wall malarkey. Also if it butts up to the boundary make sure nothing will overhang like roof verge/soffit, gutter etc. as that gets far more complicated and I would get a formal written consent for that.

 

[MrHockin]

If it butts up to the boundary (not astride it) and you are rebuilding the wall with new foundations you should technically serve a line of junction notice as others have suggested. However, I tend to go with with the friendly neighbour approach and try to get an informal agreement rather than all the party wall malarkey. Also if it butts up to the boundary make sure nothing will overhang like roof verge/soffit, gutter etc. as that gets far more complicated and I would get a formal written consent for that.

Cheers Wessex. The foundations have been designed by the architect so that they don't encroach at all, and the gutters on the roof are concealed (boxed?) so there won't be any overhang to worry about. I'm going with the friendly neighbour thing, if they have any issues they'll get a court injunction I guess!

 

[^woody^]

if they have any issues they'll get a court injunction I guess!

No they won't, the Act does not apply.

However if they do manage to persuade a judge, they will lose their security deposit, and will pay all your costs.

 

[MrHockin]

Thanks for putting my mind at rest guys, I'll touch base with the neighbour and then crack on I guess!

 

[Lacuna]

Woody is pretty much on the right lines 'ish. The 3ft wall built on your own land will be a 'boundary wall' under the PWeA. Section 1(1)(b) says that where is a boundary wall at the line of junction i.e. where your land abuts the neighbour's, Section 1 as a whole applies. That means that if you are intending to build your wall extension wall tight to the line of junction, you are required to serve a s1(5) notice. The advantage of doing this is that you gain a right of entry on to next doors land to build the wall under s8(1) of the Act. If you wing it and don't serve notice, you don't get access and, technically, the work is unlawful. Strangely, if you build the wall slightly back from the line of junction you don't need to serve notice, but again don't get access. By 'don't get access' I mean you have no legal right to enforce entry. If your neighbour is happy for you to use his land anyway it doesn't matter.

The thing about section 1 is that, unlike other work under the Act, you don't need your neighbour's consent and there is no automatic dispute after 14 days. You have a one month notice period to wait out before you start work but other than that if the neighbour hasn't disputed anything during that time can simply crack on. Bear in mind though that if you are planning to go on their land you need to serve them a separate 14 day notice as per sections 8(3) & (4). If you and your neighbours get on, they can agree to you starting work without waiting a month. That is what the last para. of section 10(12) says. That can also waive their right to the s8 notice.

It would be pretty daft for them to raise a dispute and appoint party wall surveyors because there is nothing for them to validly dispute other than the why, who, what, where, when and how of you using their land. If you try to sort that out with them first and maybe take a few photos of their garden so the can't claim damage, everything should be okay. The answer is to be open and keep talking.