Party Wall - loading of foundations.

['enry]

To Woody

It's getting tedious. They are maxing out the capacity of the foundations. Different league to furnishing a bedroom. But, yes, if they stacked several 2" thick steel safes in the bedroom, I might be put out, consider it "selfish".

Anyway, I realise this is my view, as you have yours. I just wondered if anyone knew something from a ownership/legal perspective, rather than just having an opinion.

 

[tony1851]

From a legal point of view, I would guess that if your neighbour has taken up more than 50% of the load-bearing capacity of the wall and foundation, it's tough luck, and you would need to stiffen your part of the structure if you wanted to undertake similar work. The situation is similar to dormer conversions, where one person builds a dormer right up to the party wall, then the neighbour builds one, but has to reduce theirs to leave a workable gap.
If a case like this actually went to court, what would you require from the opposing party? Compensation? or an injunction? A court cannot pre-judge what a person might or might not do in the future in terms of building work. The most that can be demanded is that the neighbour does not overload the party wall, to the detriment of both sides.

 

[^woody^]

It's getting tedious

That's right, and you are wrong. You have an opinion, but in not giving you mine, rather stating what rights are granted by the PWA.

That's the legal perspective that you seek. You're welcome.

 

['enry]

ok. Thank you for everyone who posted. My surveyor (who's now a bit upset at being insulted) has now stated:

With regard to loading a party wall, the owners have rights over the full width of the wall and, although the Act makes no mention of a right to load a party wall, I believe it is implicit in the Act that the owners may do so. If it is established that the foundations are not capable of supporting a similar subsequent development of your property and you intend to carry out such a development, you may serve a counter notice requiring the building owner to strengthen the foundations. The building owner would be able to seek a contribution from you towards the additional expense of the strengthening works.

So, as an adjoining owner I do have equal right to load the wall, but must pay half the cost of upgrading the foundations. I shall instead ask the neighbour use a long RSJ instead of a concrete lintel, and spread the load over twice the length. if they decline, I would have to decide obviously before work starts, in fact before the surveyors draw up an agreement.

 

[^woody^]

So, as an adjoining owner I do have equal right to load the wall, but must pay half the cost of upgrading the foundations

Halle-f-in-lujah

No, each neighbour has an equal right to use the party wall or upgrade it as necessary.

If you want him to, then instruct him to and pay your share.

FFS.