Neighbour putting up extension

[BigPaperBag]

Ok, our neighbour has informed us that they are going to be putting up an extension. No problem with that, their house and all that. What really riled me was when he just said ‘and we’ll be putting the scaffolding on your patio so we can rebuild the wall’ (in total it will be there about 6 weeks) Please don’t anyone ask me why it’ll be there so long as I genuinely don’t know, this is just what he said.

Anyway, AIBU to say that he can put scaffolding up but only if he rents my patio space? Do people do this? It’s my first owned home so I have no idea, just asking for opinions really.

We never needed to do this to our neighbours when we built our extension

Is it 2 storey?

Ah - an existing wall. Does neighbour intend to replace it with the outer wall of extension, or just take half of the width? That will need careful monitoring.

Don't agree to them hijacking your patio if you don't want them to. If you do decide to agree to it then refuse all access until you have it in writing that your neighbour personally will be responsible for making good all damage done to your property by any builder or contractor as a result of the access to your property and all damage will be made good to your satisfaction within a reasonable time. If you think that it needs it then get a solicitor to write it for you.

@DoubleTweenQueen

The: the wall + is there an existing garden wall, or are you talking about the new extension wall? I'm a bit confused.

There’s an existing garden wall between us which he’s going to knock down and rebuild. His extension will come up to the garden wall which separates us.

@woodhill

We never needed to do this to our neighbours when we built our extension

Is it 2 storey?

It’s 1.5 storey (is that a thing??) So bigger on the bottom with a smaller bit on the top.

@DoubleTweenQueen

Ah - an existing wall. Does neighbour intend to replace it with the outer wall of extension, or just take half of the width? That will need careful monitoring.

It’s little nuances like that I’m worried about eg accidentally letting him encroach on my property even by a tiny bit. I can keep as close an eye on it as I want but if I get anything wrong then I’m sunk!

@DoubleTweenQueen

Ah - an existing wall. Does neighbour intend to replace it with the outer wall of extension, or just take half of the width? That will need careful monitoring.

Oh and it’s being replaced with a new wall, not the outside of the extension.

What he means is that the wall straddles the boundary. In which case it is literally a party wall!

A surveyor can try to determine a boundary- there are specialist surveyors who do this.

I'd find out who is responsible for the actual boundary. And say if he is knocking down the wall then any replacement he erects needs to be on his land and you don't give permission for him to erect any sort of building or wall on your land.

@Movinghouseatlast Is that a good thing or a bad thing? I hardly dare ask!

@SquirtleSquad

I'd find out who is responsible for the actual boundary. And say if he is knocking down the wall then any replacement he erects needs to be on his land and you don't give permission for him to erect any sort of building or wall on your land.

I can do that? Even if he was proposing like for like? I never knew. Every day’s a school day.

If it's a joint owned wall, does he not need your permission to knock it down?

You can have your garden surveyed to measure the position of the current wall before anything happens to it, and therefore check position of any replacement?

I suppose a PW surveyor will advise on the status of the current wall, and you will be in a better position to go from there.

But you don't have to consent to have that wall replaced with a party wall. (Unless you want to) he can build it entirely on his side including the foundations. I'm assuming they can't build on top of the existing foundations if it's just a garden wall.

Make sure the foundation type being used does not encroach onto your land underneath your patio.

Honestly he's a CF it's entirely feasible he does this all on his side with just the builder perhaps needing access a couple of times for limited purposes

Based on his approach I'd be an awkward cunt, until he asked nicely.

You need to check your deeds and see who owns the wall. If it's his, it should be 100% on his side on the boundary. If it's shared, he can't just bloody well knock it down and use it to support his new extension!

Can anyone with experience confirm to OP that a party wall agreement after planning permission holds? OP, have you spoken to the planning officer of the council and gone on the website to check the exact plans?

PP and PW legislation are completely separate. One has no impact on the other.

x2boys yes there were a few of Buttershaw residents as extras, most of the cast came from the West Yorkshire area. I lived in Baildon, the area where Bob's house was.

Definitely double check planning permission

What if something gets damaged - who would be responsible? My answer would be no - unless you have a signed written agreement you're happy with.

@crosstalk

Can anyone with experience confirm to OP that a party wall agreement after planning permission holds? OP, have you spoken to the planning officer of the council and gone on the website to check the exact plans?

Exactly as @Seeline said, they are 2 completely separate requirements.
When doing a PWA via a surveyor, the neighbour will be required to submit the plans and structural drawings for it to be drawn up. The PWA will be awarded on the basis they do not deviate from the plans submitted. This is completely independent from the planning.

The 2 can be completed simultaneously if the owner is certain planning will be approved by council. If not, it can be costly as would need to redo PWA once a new plan is submitted and approved.

Garden walls can be shared - we have one that effectively comes from the party wall between the houses so it straddles the boundary.

OP,

Great advice above.
The truth is you have to be all over this.
All over the plans.

CF like him use boundary walls and stick drainage pipes on your side.

Someone I know came back from holidays to find her neighbours builder did that on and extention.

If you are going to try and sell your house in 18 months, you are going to have a solicitor pour over all your paperwork and boundaries details/deeds.

It really might be worth a call to your own solicitor to protect yourselves.

You do not want a potential buyer throwing up problems that delay or kill a sale.
It will all end up costing you money.

His tone may have dialed down a bit, but he showed you who he is when he spoke to you both like that.

Don't trust him.
Tell your surveyor you don't trust him.
Tell your solicitor you don't trust him.

Proceed with the attitude that he is going to try and screw you over.

It's your best position of defense.

Naivety will cost you dearly.

No probs, just spoken with architect and said once planning is finished etc we can start with issuing all that is needed. , We will keep you informed

The architect needs to know that you do not agree to building ON the boundary.