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Extension/party wall/planning permission problems?

(9 Posts)
Rosebud05 Mon 25-Apr-16 13:16:31

We're in the process of knocking down a lean to and having it built into a proper utility room. It's at the back of the (original) garage which was converted into a downstairs room over 40 years ago. As it's technically at the side rather than back of the original house, we went through architect plans/planning permission/party wall agreement.

All fine. No objections voiced by neighbours, who signed the party wall agreement. The position of the extension wasn't a deal breaker for us - if they had objected we would have amended our plans.

The shell is now finished, and our NDN has spoken to the builders several times saying that we've encroached on his land and that he's going to the council. He hasn't spoken to or attempted to speak with us, although we're around a lot and he has our phone number.

Our builder is confident that he's kept to the plans (I'm no expert, but it looks like he has to me and the new wall is in line with the original garage wall) but has halted work until he speaks to the architect.

Any idea what happens now? I really, really don't want to get into a disagreement with our neighbours (and indeed would have happily amended the plans if he had objected originally), but I also don't want a half-finished extension/to throw money down the drain. I thought that avoiding this type of problem was exactly what we paid the architect all that money for!

The building control guy has been round twice (including today) and is happy with it if that makes a difference.

Any experience of such?


Littlecaf Mon 25-Apr-16 13:39:31

It's a civil matter between you and your NDN. Unless the building hasn't been constructed to approved plans (for either planning or building control) then you need to sort it with your neighbour. Is something over sailing or have they walked/put scaffolding on his land?

Approach NDN gently and directly, before you spend any more money on it. Better to nip it in the bud now. Good luck!

Rosebud05 Mon 25-Apr-16 14:36:50

Thanks for your quick reply. NDN's wife gave us consent to use their side entrance, which the builders have been doing. Single storey extension, so no scaffolding. Nothing oversailng.

NDN's wife has just collected a parcel I took in for her and seems to know nothing about his problem?!?. I don't feel that I can knock on his door now, as his wife doesn't know anything about it and I'm sort of waiting for him to approach us? My dh was in when NDN was speaking to the builders at the weekend - I wish NDN had approached us then.

What am I trying to nip in the bud? Can he object after party wall
agreement has been signed/planning permission granted/building control okay with it all?

I would have been very happy to change the original plans if they had objected. that's why I feel upset that it's become a problem now.

namechangedtoday15 Mon 25-Apr-16 15:12:16

Why did you husband not go out when NDN came round to speak to the builders? Why didn't builders just say Mr Rosebud is in, I'll just get him?

If planning / building control are happy with it, I'd go round and tell them that, potentially with the drawings to show you're doing everything to plan, take a bottle of wine if necessary and say you really want to reassure them that everything is ok. If the NDN wants to raise something with you, then you can hear what he has to say and take whatever steps are necessary (although it sounds as though you haven't done anything wrong!)

Rosebud05 Mon 25-Apr-16 17:48:49

I don't know why the builder didn't suggest Ndn speak directly to us. We didn't know that the builder had spoken to him until the main builder called me some hours later by which the we were out. ( builder called him rather than tell us for some reason).

Mrs NDN does shift work (started at 4am this morning) so I usually text rather than just knock on her door as I don't want to wake her up. I can't text her about this as, as I said before, she seems unaware that he has a problem with it.

Littlecaf Mon 25-Apr-16 18:39:59

Maybe something the builders did then if the wife doesn't know? When I said nip it in the bud I meant that things are better sorted than left to fester.

LIZS Mon 25-Apr-16 18:43:45

The planners, building control and builder are not responsible for where the boundary is. You need to speak to ndn and if needs be get a surveyor involved to assess whether the boundary has been breached.

LIZS Mon 25-Apr-16 18:43:50

The planners, building control and builder are not responsible for where the boundary is. You need to speak to ndn and if needs be get a surveyor involved to assess whether the boundary has been breached.

Rosebud05 Tue 26-Apr-16 09:38:08

Thanks for your replies. Have spoken to NDN who doesn't intend to complain to the council or anything. He seemed a bit embarrassed that I asked him about his concerns actually.

It seems that he's harbouring a grudge about the upstairs extension ( over the old garage) that was done nearly 50 years ago and blocks some of his light.

Fair enough, although it's there now.

In terms of the surveyor that someone suggested.... I asked the architect to be very sure about the boundary ( garage originally built right up p to the boundary) and checked the drawings/ plans with NDN at the pp/ party wall stage.

I do wish he had voiced his objections then as we would have just altered the plans, but it looks like it's sorted out anyway.

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