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Rear dormer - party wall built up in brick or tile hung?

Discussion in 'Building Regulations and Planning Permission' started by Catherine17, 10 Sep 2021.

  1. Catherine17

    Catherine17

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    Hi,

    Permitted development has been approved for our rear dormer loft plans with a tile hung design on the party wall side.

    Our architect designed it to sit away from the party wall.

    During our party wall award process, our neighbour flagged that their preference was for us to build up the party wall rather than alongside it, so the architect updated the drawings for the tile-hung cheek to butt up to the party wall.

    The surveyor came back and said that we should either go for the party wall built up in solid brick OR revert to the design with the dormer sitting away from the party wall.

    I admit we are complete novices here and during the planning process we weren't really aware of the difference, but now we have reviewed it and looked at what neighbours have (all sorts along the terrace!) we think that building up in solid brick is the best option, as per the portrait image below. The landscape image with the black loft extension is what our architect has drawn.

    We are end of terrace so luckily only have to make the decision on one side!

    Also, if our permitted development was approved with one version and we want the other, are we required need to submit a revision?

    Thought this was the best place to find some opinions on it all!
     

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  2. ^woody^

    ^woody^

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    Permitted development is permitted, so you don't need to apply for permission. If you are saying you applied for a Lawful Development Certificate, then what that means it's that the assessment is based solely on the details and drawings you provided. If you build something different the LDC is invalid and it can't be varied or changed.

    You've possibly been given bad advice by your designer and needlessly applied for something you did not need ... and still don't. If the work you want to do is permitted development, then you can just build it.

    If you are building on the party wall, then the Party Wall Act applies and the PW surveyor can insist on a masonry wall - as long as it does not conflict with permitted development criteria or planning permission.

    If you are not building the dormer on the party wall as your original plan, then the PWA does not apply and you should not have instructed a surveyor nor be paying him
     
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  4. Catherine17

    Catherine17

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    Thanks Woody. Am confused as ever and think it’s on me that I should have asked more questions during the process.

    I’ve checked and you’re right, we have a lawful development certificate - am I right that you’re saying:

    1. the lawful development certificate is only valid for the exact drawings you submit and any changes would warrant a new certificate

    2. permitted development doesn’t actually require a lawful development certificate anyway so we can just build without it

    3. however we’d have to make sure the addition of party wall built up in brick does not go over permitted development in order to just go ahead with it?

    4. Party wall award should be given if we’re building party wall up in brick but if we were staying with original design built away from party wall, we wouldn’t actually need a party wall award
     
  5. ^woody^

    ^woody^

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    1 and 2, yes.

    3 - PD criteria mentions materials need to match existing. So select materials accordingly, and the PW surveyor can't require changes to materials that then won't be PD.

    4 - the PW Act wont apply if you are not raising the party wall to form the dormer sides. However it may apply if you are doing other work such as fitting beams into the party wall or flashing. But, if say, you need an agreement for steel beams, the surveyor can only deal with the beams and nothing else.
     
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  7. Catherine17

    Catherine17

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    thanks so much for your help.

    Match existing on neighbouring houses or on our house specifically?
     
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