Party wall dispute

[scott225]

Mine and my neighbours garages are adjoined on a 1935 house, my garage roof needs completely replaced (batons/boards & felt), and as the rear of the house has a pitch, I have decided to pitch the front to match, with a triangle of bricks on my side of the party wall.
I spoke to my neighbour before hand, got a surveyor to draw up plans, showed him again, he said they were fine, then submitted them to the council. He has now objected to the plans saying he owns the party wall and as such will not allow me to build on it. The street is built on a slight slope, and so the garages are on a split level, his being about 1ft above mine. This can also be seen clearly in the roof levels.

As I have no wish for a dispute, the surveyor has suggested we build a new wall alongside the party wall to support the roof.
If I do decide to build a new wall, can he prevent it by stopping me digging foundations under the wall?
And secondly, will me building a new wall conceed that he is right in his claim to the wall?

Thanks in advance for any advice

 

[jeds]

If the wall was built at the same time it is a party wall. It doesn't matter that one wall is higher than the other. You are entitled under the Act to raise the party wall. My advice is serve the notice, let him dissent and appoint a surveyor who understands the act. There will be some cost to that but not as much as a new foundation and a new wall - plus the inconvenience of losing some space.

 

[scott225]

He says his garage was built first, and then mine was attached at a later date and as such mine doesn't have a wall, it uses his wall as a support. But inside my garage it does have a wall. There are 1 1/2 bricks on the outside and 1 on the inside, which would indicate a wall was built alongside on my side. Also on that wall are 2 brick pillars which support one of the lengthways roof batons.

 

[jeds]

In that case you can build up your part of the wall with no PWA. How are you going to weatherproof the edge of your roof? Do you need to get into his roof to do that?

 

[scott225]

Not sure about the roof, will leave that to a professional, but world probably need access to his side to do stuff, which I guessing he will object to.
If me or a surveyor puts in a report with pictures to dispute his objection to planning will they decide if the plans can be passed?

 

[jeds]

His objection to planning will only be a material consideration if it is a valid objection. Ownership of the wall is not a valid reason for refusal. The planners sometimes ask for clarification of boundaries and ownership but that is usually so they can say we asked the question if anybody points the finger at them later. But ultimately planners have no way of knowing who owns what and do not get into disputes. My advice is draw a simple section through the wall and label the 'original' wall (belonging to number ?) and 'additional' wall belonging to you. Confirm unequivocally that the single skin additional wall is yours and is built entirely on your land. Also confirm that the new wall will be built entirely on your own land.