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Party wall question

4 replies

PartyWallQ · 18/11/2021 18:39

Background
A pair of semi-detached houses, freehold. One house is longer than the other. Shorter house is midway through constructing a wooden structure over their patio. Not sure what to call it, it's a tasteful permanent rain shelter over the patio, maybe a gazebo.

The structure has 2 sides formed by rear wall of shorter house and side wall of longer house, no walls on the other 2 sides, vertical wooden posts support sloping beams each maybe a metre apart to form the roof which slopes from the back wall of the shorter house down to the end of the patio, it will have a wood, perspex or glass roof supported by these sloping beams. Height of the structure is approx 3 metres at the highest point, so where it joins the wall of the constructor's own house. It's a DIY project.

Key points and questions
Constructor has drilled into the exterior of the longer house's brick side wall to affix part of the wooden structure.

Constructor informed longer house owner that work was about to start, didn't formally ask permission, longer house owner didn't explicitly disagree or agree.

I have read party wall information and don't understand it well enough. My questions are:

  • Is a party wall agreement or other permission needed or helpful?
  • If "yes" and if this isn't in place, will it affect either owner's ease of selling their house in the next few months or years?
  • If the longer house owner hasn't objected yet, how long until it is too late to object?
  • Anything else to think about to protect the interests of both house owners and to maintain a good relationship?

Thank you for knowledge you may have. Once I have read it, I can seek formal advice from a surveyor or solicitor. Even better if it becomes clear that party wall agreements are irrelevant to this situation.

OP posts:
johnd2 · 18/11/2021 20:23

I would say party wall agreement is not relevant now, if there's any damage to the wall that's causing a problem you have the right to take action to prevent it, but if it really is a party wall rather then just your wall that's on the boundary, they have the right to fix into it, if it was an internal wall you could chase cables and sockets into it, fit shelves etc so a few screws wouldn't be an inssue unless there were other problems.
Good luck.

PartyWallQ · 18/11/2021 22:30

Thank you. And good point, it's probably just my wall that happens to be on the boundary.

OP posts:
Collaborate · 19/11/2021 13:37

It all depends on whether the whole of the wall stands on your side of the boundary or whether it straddles the boundary. If the former they are not entitled to attach anything to the wall without (your) permission. If the latter they can get away with it as they own half the wall up to the mid-point.

PartyWallQ · 19/11/2021 20:14

Ah, the wall is completely in my boundary. I guess it'd be hard to say I didn't give permission as I didn't stop them or complain.
I can live with it.

Thank you both for your help.

OP posts:
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