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AIBU?

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Neighbour and his measuring tape

55 replies

Fannycakes · 18/03/2024 20:03

We are currently building an extension on the back of our house. It’s 5m x 4.5m so a decent size but nothing extravagant. We are in a semi detached property, and the builders have temporarily removed the fence between our garden and next door while the extension is built stepped in slightly from the boundary line.

This afternoon, my husband caught sight out of the window of my NDN’s adult son (lady next door is elderly and her son I think is in his late 40’s) standing inside the foundations of our new extension measuring the width and length. My husband had our son with him and didn’t want to confront NDN in case it kicked off, so watched as about a minute later, he hopped out and back into their side of the boundary through where the fence used to be.

WTF was he doing??

We wrote to them prior to getting planning permission to let them know we were planning a build and included a printed copy of our plans, and invited them to come and chat to us providing our number and the times we are usually available for a chat during the week. We didn’t hear anything so DH popped his head over the front drive fence about week later when he saw one of NDN’s children (she has 4 kids) and asked if they’d received the letter to which he said ‘yes we did and all looks fine although I’ll check with the others’. We heard nothing else, so applied for planning permission 2 weeks later. Next door were written to during planning to ask for formal objections but no objections were received and planning was granted 6 weeks later.

The build is the right size, we have had the building inspector out to check the hole for the footings and he’ll be out again tomorrow to check the DPC before the concrete slab goes in.

Im confident we’ve satisfied our legal and moral duty to inform next door about the build and gave them ample opportunity to object - what happens if they object now??

OP posts:
Change2banon · 19/03/2024 11:20

Ignore the party wall posts! If you’re building in your garden along where your fence is/was then you don’t need a party wall agreement! People really should check before posting rubbish!

Fannycakes · 19/03/2024 11:24

Change2banon · 19/03/2024 11:20

Ignore the party wall posts! If you’re building in your garden along where your fence is/was then you don’t need a party wall agreement! People really should check before posting rubbish!

This is what my architect thinks but he’s got a party wall surveyor he knows to have a look, he’s coming this afternoon.

OP posts:
Ryeman · 19/03/2024 12:24

Change2banon · 19/03/2024 11:20

Ignore the party wall posts! If you’re building in your garden along where your fence is/was then you don’t need a party wall agreement! People really should check before posting rubbish!

So when do you think a party wall agreement is needed? It's not just when there's a shared 'wall'. From the government website: You must tell your neighbour if you want to:

  • build on or at the boundary of your 2 properties
  • work on an existing party wall or party structure
  • dig below and near to the foundation level of their property, defined as: - excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations, OR excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations

We did a party wall agreement for our side extension with the neighbour we're not even attached to. We just downloaded a free template online. they didn't want to appoint a party wall surveyor so all was fine.

myavocadoisgrowing · 19/03/2024 12:24

Thelondonone · 18/03/2024 20:29

Ate you building within 3m of the boundary? If so you need to organise and pay for a party wall agreement. He can have work stopped. If you haven’t sorted then I’d get on it asap and be very very nice.

This!

Change2banon · 19/03/2024 14:22

Ryeman · 19/03/2024 12:24

So when do you think a party wall agreement is needed? It's not just when there's a shared 'wall'. From the government website: You must tell your neighbour if you want to:

  • build on or at the boundary of your 2 properties
  • work on an existing party wall or party structure
  • dig below and near to the foundation level of their property, defined as: - excavate, or excavate for and construct foundations for a new building or structure, within 3 metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations, OR excavate, or excavate for and construct foundations for a new building or structure, within 6 metres of any part of a neighbouring owner’s building or structure, where any part of that work will meet a line drawn downwards at 45° in the direction of the excavation from the bottom of the neighbour’s foundations

We did a party wall agreement for our side extension with the neighbour we're not even attached to. We just downloaded a free template online. they didn't want to appoint a party wall surveyor so all was fine.

From the gov website…

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.
Party walls stand on the land of 2 or more owners and either:

  • form part of a building
  • don’t form part of a building, such as a garden wall (not wooden fences)
Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.
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