Building garage as party wall?

[Justanotherday3]

Any ‘experts’ or knowledgeable people on here, that could advise?

Our house is the last on the road. The first house on the next road, round the corner, has a back garden of which the end forms the border to the side of our drive/house. A fence separates us. The house has been derelict for some time, but seems to have been bought & being renovated by the new owners. As the refurbishment was going on, their builder cleared the back of the garden. This caused the fence separating our properties to collapse. We saw the owner one day & mentioned the collapsed fence. All was friendly, said he was going to replace it with a new fence when he finally moves in.

A few days ago he came to see us. He explained to me he has decided to build a garage at the end of his garden, and he was not going to replace our boundary fence, instead the breeze block garage would become the new boundary. He intends to build this at 2.5 metres, remove all trees at the end of his garden and run it down the border (25ft) between our properties. Instead of coming out of our house & having a mid height fence with a lovely row of trees behind, we will have a 6ft breeze block structure, running down the left hand side of our drive/house. He says the work is starting within a week.

We have put a note through the door, after speaking to our council planning office. We have asked to see plans and asked he issue a party wall notice. No answer.

Is this even allowed???

I wasn't aware that garages required planning permission. There is nothing to stop you from putting your own fence up.

If its not on your land does it even count as a party wall?

I don’t think there is anything to stop you from building a garage on your own property. But changes to a party wall (though ‘wall’ can refer to anything that is the boundary market), needs to be dealt with by issuing a party wall notice. Though the council was v vague, as they said they don’t deal with party wall notices. They said to look at the plans - there are no plans.

Garages may require planning permission, depending on their dimensions and whether (say) there are Article 4 directions in place - see the Planning Portal. Seek further advice from the planning department.

Isnt there some regulation saying buildings (sheds etc )must be a certain distance from a boundary ?

I don't think your neighbour needs a party wall notice in this situation as the garage isn't in contact with your property. As long as the garage is within specific dimensions as mentioned by a PP, then I believe that they are within their rights to begin the work.

It sounds like you just don't want to see a wall, when you've been accustomed to a fence and trees but I don't see that you have a choice.

Why not put up a fence screen against the wall, plant some nice climbers on a trellis etc.

I'd assume they need planning permission if it's 25 feet long - that's 7.62m so if they're intending for the garage to be 2m wide (and it'd be a pretty useless space if it's narrower than that) then they'll need planning permission. However, I can't see why the planning permission wouldn't be granted - you not wanting to look at it probably won't be seen as sufficient to prevent them building on their own property.

A brickwall on the boundary, even if wholly on your neighbours land, requires a Notice. They cannot build the wall 'astride the boundary' i.e. a party wall, without your consent.

However the Notice does not mean you are able to stop the works, just minimise any damage to your property and ureasonable disruption. If the trees are on their land a party wall surveyor will not be able to stop these from being removed.

Also to note, serving Notice in this situation actually gives them a legal right of access onto your land in order to carry out the building of the wall, pointing and rendering etc.

There is no right to a view in planning law. And you can cut down trees if there's no Tree Protection Order on them.

I don't know if the Party Wall Act pertains, here. Take a look at your local planning portal maybe.

Are you in a conservation area? That would make it a different issue.

Hes building the garage on his property 2.5 metres back from you boundary, not on your boundary - is that right? If so, I'm not following how this has anything to do with a party wall? If you want a fence, put one up. You can't make him have trees on his property behind the fence just because you him to.

If the wall is along the boundary I think he needs a party wall notice.

Planning permission and party wall agreements are completely separate things. You could build something that requires planning but not a party wall. And likewise you could build a small shed which doesnt require planning, but needs a party wall agreement. It doesn't have to be a wall either.

Often with planning, there are rules regarding location to boundaries but this is not to be confused with party wall agreements.

Your local council can advise on planning, but not party walls. That is legislation set out in the Party Wall Act 1996 and infringements are dealt in the county courts.

@DeathStare

No - the garage is being built on the boundary, instead of the fence being the boundary, the garage right side, will be the new boundary wall. He said it was to save money, his builder told him there is no point wasting money on a new fence when they can have the garage as the new ‘boundary wall’.

Thanks all. I think we need to take further advice.

I think you can't build up to the boundary you need to agree that if he does also I would raise maintenance and they will on your land building it which all needs agreement.

We are doing something similar but leaving 1400 cm gap so we can maintain and not massively irritate our neighbour

I think if the garage is a separate building it doesnt count as a party wall? I'm no expert though, I've only looked into it a bit (our neighbour has a garage as the boundary between our gardens)

He’s under no obligation to replace the fence either way, there are no rules to say a boundary must be fenced in at all.

You'd be better posting this on the garden law website OP.

Speal to council again, both planning and building regs - 2 sep departments here, I think you might get more info from building regs.

Isn’t it anything over 5’8 you need planning for, or is that just the maximum height for boundary fence?? Someone will correct me.

You can also speak to a surveyor who specialises in party walls - may charge though.

If all else fails and it does go up just put a 6 foot fence up, and get some upright/climbing ceanothus growing against it, try find the most mature plants you can, this provides lovely screening - evergreen, nice flowers late spring/early summer and will climb against the fence but grow above it IYSWIM. It’s very fast growing especially if you feed it.

I know paying out isn’t ideal but and I feel your pain. We’ve got bellend neighbours who did something similar but there are options.

We put up a double garage at our new house. No planning permission needed as its not above a certain height - not sure what height - standard garage size.
Our actual house is the boundary wall in the right for our neighbours.
And on the left of our drive the boundary walk is , yes you've guessed , the neighbours house (hedges where the house ends. )

If he is building to a height of 2.5 metres, that means he needs to dig and lay a substantial foundation underneath, possibly even in an inverted “T” shape - so check that he is not doing any of this inside your boundary.

Maybe put in some marker sticks and tape of your own - to clearly mark out the boundary - and deter any attempt at a land grab?

Also check your house deeds (can purchase quickly and cheaply online via the Land Registry) to see who owns that existing fence - in case it’s yours?

People IME almost always bulldoze and do “what they want to do” - so you might need to make it clear what you will not tolerate - if they infringe on your property/boundaries. And put an early stop on anything that is an infringement.

Aside from the above, could any of it be seen as a positive thing for you? - improving your privacy for example?

Yes I agree with checking the deeds and your searches from when you bought the house, your sol should have passed everything on to you.

It's probably worth getting advice from a party wall surveyed. RICS website should show you who is local to you with the right qualifications.

A party wall agreement is meant to protect your property unless you have a structure close to the boundary I cannot see the benefit.