Party wall question.

Joined
18 Jul 2005
Messages
99
Reaction score
1
Location
Sussex
Country
United Kingdom
Scenario:
Semi detached houses, so the existing boundary line is between the party wall in the centre dividing the 2 houses. If one owner wants a full width rear extension would the existing party wall be extended to provide the side wall for the new extension ie so it would span across both property's boundary's or would it be built only on the owners side who require the extension?

Hope that makes sense.
Thanks.
 
Sponsored Links
Joined
16 Nov 2015
Messages
23
Reaction score
3
Country
United Kingdom
Your boundary (the limit of your legal title to the property) almost certainly lies on the centre line of the party wall. You have no legal rights to build on your neighbours land so you must keep your extension only on your land. This even applies to foundations - in other words you cannot expect to put down traditional strip foundation, part of which would be on your neighbour's land. However, the neighbour might grant you the right to do so. If he/she does not, and you definitely want to build right up to your boundary, you would need to put down an engineered slab foundation. Also, if neighbour is precious about their rights, you would probably have to arrange to avoid overhanging guttering on their side too. Best of luck.
 
Joined
5 Dec 2014
Messages
2,129
Reaction score
199
Location
Berkshire
Country
United Kingdom
It's up to you (and what you agree with your neighbour), although the most sensible thing is to build it astride the boundary.
 
Joined
4 Apr 2008
Messages
1,946
Reaction score
292
Location
Hertfordshire
Country
United Kingdom
It's up to you (and what you agree with your neighbour), although the most sensible thing is to build it astride the boundary.
Agreed, but unless the neighbour is planning their own extension (and even if they aren't) they may not entertain the idea of building the wall astride the boundary.
 
Joined
2 Nov 2009
Messages
2,126
Reaction score
244
Location
Warwickshire
Country
United Kingdom
Brads post implies you cannot build foundations astride. Indeed you can, and is one of the benefits of Party Wall Act.
 
Joined
16 Nov 2015
Messages
23
Reaction score
3
Country
United Kingdom
The Party Wall Act 1996 - Explanatory Booklet published by DCLG describes the procedure for seeking to build astride a boundary and it is explained in Paragraph 22 and 23. If the neighbour is co-operative you are OK but as far as I can see there is no right to do so (as mfarrow implies) if the neighbour objects. Paragraph 24 says "If the Adjoining Owner does not consent in writing within 14 days to the proposed new party wall astride the boundary line, you will be obliged to build the wall wholly on your own land, and wholly at your own expense. 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." I do not read that as giving you a right to build astride the line without either getting the adjoining owners consent or compensating them. Have I missed something elsewhere in the legislation or guidance?
 
Joined
23 Feb 2012
Messages
10,544
Reaction score
1,718
Location
Manchester
Country
United Kingdom
mfarrow is correct, in that under the terms of the Act, a builder can put plain concrete footings under the adjoining owner's land (but not reinforced concrete work).
 
Sponsored Links
Joined
16 Nov 2015
Messages
23
Reaction score
3
Country
United Kingdom
Paragraph 22 of the DCLG Explanatory Booklet seems to me as unequivocal as Paragraph 24. Para 22 includes the statement "......there is no right to build astride the boundary without your neighbour's consent in writing. I would be glad to know if there is a contradictory statement elsewhere in the booklet and if so, what it says. Best wishes.
 
Joined
23 Feb 2012
Messages
10,544
Reaction score
1,718
Location
Manchester
Country
United Kingdom
In the Act itself, its para. 1 (6).
In the explanatory book accompanying the Act, it's paragraph 23 on page 17.
 
Joined
23 Feb 2012
Messages
10,544
Reaction score
1,718
Location
Manchester
Country
United Kingdom
Paragraph 22 of the DCLG Explanatory Booklet seems to me as unequivocal as Paragraph 24. Para 22 includes the statement "......there is no right to build astride the boundary without your neighbour's consent in writing. I would be glad to know if there is a contradictory statement elsewhere in the booklet and if so, what it says. Best wishes.

Have you read the whole of para.22? It clearly states that there is the right to place footings under the adjoining owner's land.
 
Joined
4 Apr 2008
Messages
1,946
Reaction score
292
Location
Hertfordshire
Country
United Kingdom
It's irrelevant though really, as for low rise buildings, where necessary - such as on boundaries - it's perfectly acceptable to position the wall right on the edge of the foundation as long as the centre of the wall remains in the middle third of the footing.
 
Joined
3 Sep 2006
Messages
36,218
Reaction score
5,061
Location
West Mids
Country
United Kingdom
But the council will always want proof that this eccentric loading is acceptable.

And then building the thing on the boundary will be difficult without the access rights granted via the Act.
 
Joined
4 Apr 2008
Messages
1,946
Reaction score
292
Location
Hertfordshire
Country
United Kingdom
But the council will always want proof that this eccentric loading is acceptable.
True, but I would expect a BCO regularly dealing with domestic works to know that calculations aren't required as long as Figure 24 of BS 8103-1 is adhered to.

And then building the thing on the boundary will be difficult without the access rights granted via the Act.
This is also true, although it's as much in the interest of the neighbour to allow access to build / finish a wall as they will be the ones who will have to look at it.
 

DIYnot Local

Staff member

If you need to find a tradesperson to get your job done, please try our local search below, or if you are doing it yourself you can find suppliers local to you.

Select the supplier or trade you require, enter your location to begin your search.


Are you a trade or supplier? You can create your listing free at DIYnot Local

 
Sponsored Links
Top