Party Wall Line

[RonnyRaygun]

A friend has asked me for advice regarding extending his house.
His first question was how far can he extend to the rear of his house under permitted development. Obviously the rules have changed and now 6m is allowed, but does the stagger make any difference? My feeling is that it doesn't as permitted development applies regardless, can anyone confirm this?

The second question was about infilling the gap to the front between his garage and his neighbour's house. My first thought was that this was a simple floor, wall, and roof, but then I considered the party wall issue.
Would the neighbour's wall to the front actually be a party wall, or would it belong wholly to the neighbour, meaning there is a risk that my friend would not actually be permitted to use the wall to form his extension.

See sketch attached for clarification, "A" being a standard party wall boundary, and "B" being the possibility that the boundary steps.

I honestly have no idea which is more likely although I guess if he can dig out his deeds the answer will be there...

Party Wall Line

• RonnyRaygun
• 12 Jan 2016

 

[freddiemercurystwin]

The stagger is vital, it's 6m from any rear wall not just the furthest one back.

I would expect the boundary to step and consequently if the neighbour owns the whole of that wall then he won't be able to touch it without the agreement of the neighbour. He would also need planning permission to infill the gap at the front and front extensions are generally resisted by local authority's.

 

[RonnyRaygun]

The stagger is vital, it's 6m from any rear wall not just the furthest one back.

Cheers Freddy, so they would, even with the current PD legislation, only be able to extend three metres under permitted development? Might be enough for them anyway..

I would expect the boundary to step and consequently if the neighbour owns the whole of that wall then he won't be able to touch it without the agreement of the neighbour. He would also need planning permission to infill the gap at the front and front extensions are generally resisted by local authority's.

Yeah, I was aware that PP would be required but thought it might be more likely than usual due to the fact that it is just an infill. I guess in any case they would be reliant on an understanding neighbour, and have to purchase part of the wall from them, as it would then become a party wall.

 

[Nakajo]

The stagger is at the front ?!?!

 

[RonnyRaygun]

The stagger is at the front ?!?!

Well, front and back, but I've drawn it with the rear at the bottom...

 

[freddiemercurystwin]

The stagger is at the front ?!?!

Err oh wait a minute, the stagger at the front has not bearing on the rear extension. So 6m all the way across.

 

[freddiemercurystwin]

Well, front and back, but I've drawn it with the rear at the bottom...

Really confused now, maybe an accurate sketch is required ......

 

[RonnyRaygun]

I'll see if I can explain a bit better - The sketch shows my friend's house and his next door neighbour (attached). It's drawn with the rears of the properties to the bottom of the sketch. At the top of the sketch the bit sticking out to the same point as the neighbour's front wall is my mate's garage. He was wondering if:

A) He can do a six metre extension under permitted development.
B) He can infill the bit at the front between his garage and his next door neighbour.

I thought you got it first time Freddy??

 

[freddiemercurystwin]

1. Yes 6m across the whole rear elevation.
2 He needs planning permission.

 

[RonnyRaygun]

1. Yes 6m across the whole rear elevation.
2 He needs planning permission.

So he could do a six metre extension to the rear despite the fact that it would be nine metres beyond the rear wall of his next door neighbour?

 

[freddiemercurystwin]

Yes. But if the neighbour objects and the planners agree with the objection then he won't get approval.

 

[RonnyRaygun]

Cheers Freddy - wanted to make sure I was armed with all the correct info when I see him on the weekend...presumably no objection can be made to a three metre rear extension?

 

[chappers]

founds for the front infill would fall under party wall act though, and as it forms the boundary the neighbours wall would be a party wall/structure.

 

[^woody^]

founds for the front infill would fall under party wall act though, and as it forms the boundary the neighbours wall would be a party wall/structure.

Perhaps in an alternate timeline, but not in the one we are in.

 

[RonnyRaygun]

founds for the front infill would fall under party wall act though, and as it forms the boundary the neighbours wall would be a party wall/structure.

From further research it appears that generally the neighbour's wall to the front would belong wholly to the neighbour, and as Freddy said, it can't be touched without their express permission. If they give permission to use the wall it would then become a party wall and they would probably expect to be compensated accordingly.

Presumably a legal document would have to be drawn up indicating the changes?