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Old 05 May 2011, 08:28 PM
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SamUK
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Default Party Wall

Hi Guys,

some maybe aware i am getting an extention made...

my house if end of terace, the wall is built off the party wall for the joining house as the neighbour was unsure about the party wall.

however on the otherside i did not think it was required, as there is no house on the otherside just a fence that seperates us from the neighbours house on teh otherside..

anyway he came over today, and was not happy i built on the party wall..? i did not realise this either as i thought party walls were only for joining houses and the agreements were around damage etc...?

is this a real problem? as half the wall is mine..?

Old 05 May 2011, 08:32 PM
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PaulC72
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Did you get planning permission?
Old 05 May 2011, 08:33 PM
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yes, its 4m out..
Old 05 May 2011, 08:34 PM
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though party wall agreement has nothing to do with planning though..
Old 05 May 2011, 09:16 PM
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Your architect should have made you aware of boundary/party wall considerations ! mine did Can't match the photo to your description but I suggest you contact your architect
Old 05 May 2011, 09:18 PM
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the fence was along the little wall where the red temporary barrior things are..
Old 05 May 2011, 09:23 PM
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If you've built right up to the fence line then yep you need an agreement IIRC. Again an architect of any substance would have known this
Old 05 May 2011, 09:39 PM
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he mentioned one side where there is a wall (neighbours house)..but on the other side of the house there is no wall..

well whats done is done!

The builders are related to the neighbour that complained..he has said its ok, but i also realise he can stop my work, this i doubt he is going to do.

can he do anything after the build is complete?
Old 05 May 2011, 09:43 PM
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No idea about retrospective complaints tbh but a boundary is a boundary you can't just build on them without consultation. Your architect sounds a bit **** mate

Is the rain falling toward the back or will the wall facing your neighbour be taking guttering ? If so there's all sorts of niggles you can argue over
Old 05 May 2011, 10:00 PM
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pslewis
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You will have an unsaleable house with an unresolved boundary issue,
Old 05 May 2011, 10:00 PM
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Dingdongler
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That's what happens when you try and do things on the cheap mate.

Any digging/foundation work within a certain distance of your neighbour needs a party wall agreement ie even one you are not attached to.

iirc your neighbour is allowed to appoint an independent surveyor at YOUR COST to inspect the work and confirm it is satisfactory and will not cause any problem to him
Old 05 May 2011, 10:03 PM
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PaulC72
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Originally Posted by SamUK
yes, its 4m out..
The only reason I asked is when the building inspector comes round he may want to say something himself.
Old 05 May 2011, 10:33 PM
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Post a few more photo's up mate, how are you forming your floor?

Last edited by Aaron1978; 05 May 2011 at 10:33 PM. Reason: missed a word
Old 05 May 2011, 11:01 PM
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hodgy0_2
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Originally Posted by Dingdongler
That's what happens when you try and do things on the cheap mate.

Any digging/foundation work within a certain distance of your neighbour needs a party wall agreement ie even one you are not attached to.

iirc your neighbour is allowed to appoint an independent surveyor at YOUR COST to inspect the work and confirm it is satisfactory and will not cause any problem to him
this is correct -- although I think there is a distance / depth issue which you may or may not fall foul of

usefull info here

http://www.diydata.com/planning/part...y_wall_act.php

Last edited by hodgy0_2; 06 May 2011 at 08:23 AM.
Old 06 May 2011, 08:13 AM
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DCI Gene Hunt
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Here's the Law...

http://www.legislation.gov.uk/ukpga/1996/40/contents

No.1 - Fail
Old 06 May 2011, 09:25 AM
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^ Very much Fail

Architect/surveyor fail, I am thinking you didn't pay for a proper one.
Old 06 May 2011, 10:05 AM
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So you are building right up to your boundary line between the two houses?

Did you not inform the neighbour you were starting the work? I think it could be even more of an issue if your building two stories.


Might help

http://www.collier-stevens.co.uk/par...n_boundary.htm
Old 06 May 2011, 10:34 AM
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Scooby Soon!
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I am pretty sure having built up to the boundary very recently that after you have actually started building the party wall act no longer applies, how can you neighbour only just noticed today?


Also where is the edge of your foundations and floor?
Old 06 May 2011, 10:39 AM
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DCI Gene Hunt
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Originally Posted by Scooby Soon!
I am pretty sure having built up to the boundary very recently that after you have actually started building the party wall act no longer applies, how can you neighbour only just noticed today?


Also where is the edge of your foundations and floor?
Read the Law regarding it.... a months advance notice is required.
Old 06 May 2011, 10:46 AM
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mamoon2
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You were told I believe in a previous thread to look at the Planning Portal website.

Seems you haven't done your homework properly.

As DCI says, a months notice unless the neighbour signs to say you can start straight away.

I know this as i've just built one, but my neighbour signed to say we could start straight away without waiting a month
Old 06 May 2011, 10:47 AM
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Originally Posted by DCI Gene Hunt
Read the Law regarding it.... a months advance notice is required.
my advice? read the law regarding it.......

The remedy available to an Adjoining Owner when a Building Owner has commenced work to the party wall without serving the appropriate Notice is to seek an injunction, the granting of which is at the discretion of the Court. However, once works are finished, there is no recourse or penalty under the Act if damage is subsequently discovered and the aggrieved party must rely on common law.

This is why lots of people will wait for a neighbour to go on holiday and build something as long as its ok with BC and planning there is no "law" broken the party wall act is irrelevant

http://www.malcolmhollis.co.uk/websi...df?Openelement
Old 06 May 2011, 04:30 PM
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I reckon you would be unwise to start building until it is all satisfactorily sorted out. They can certainly make you take it all down if you are outside the appropriate regulations.

Les
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