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Original poster

Neighbours planning major extension, how do I make sure my property is not damaged?

16 replies

wanttomakeadifference · 13/09/2012 19:02

My neighbours are planning to extend their home both into their back garden, and sideways towards our home.

They have had discussions with an architect but plan to do the bulk of the work themselves (builder in the family, and the husband is very handy).

I am sure they will go through the correct channels regarding planning (whatever they may be). I don't think I intend to object to their plans, but I'm worried about the impact their building work might have on my home.

There isn't much space between our houses- a little over a cars' width, so they are going to be coming very close to our wall. I'm no expert but presumably this could potentially affect the foundations / stability / drainage of my home?

I don't feel confident that they will be considerate about protecting my house. This is mainly because a few year ago they decided to lay an impermeable drive which joined onto my house, above my damp course (we live on a slope). I had a fairly tense conversation with them about it, they insisted it was not going to damage my property. I took professional advice (cost me £150) after which they agreed to leave a small gap.

Apologies, for the long post. Cutting to the chase, how do I make sure my property is not negatively affected, and if this involves getting expert advice, do I have to pay?

OP posts:

micku5 · 13/09/2012 22:11

It will fall under the party wall act if they excavating within 3metres of your property or boundary wall if owned by you ( basically any structure) and to a lower level than the foundations serving your structure. Note it's 6 metres if they are piling.

tricot39 · 13/09/2012 22:32

However if you are on a hill you might have additional rights. If they put foundations higher than your floor level for example that would load your house. A party wall surveyor can advise and your neighbour would have to pay. It might be worth asking to look at the plans so you can comment before they submit planning - so they don't get permission for something they could not build later. They might take you seriously this time after they had to amend their drive and especially if you can drop in that they would have to pay for the professional advice for you!

Original poster

wanttomakeadifference · 13/09/2012 22:49

Thank you for your advice, I really am a complete novice at this so appreciate any guidance.

Would you be able to explain at what point the Party Wall Act comes into play? I.e. do I mention it now, (given that they cant extend sideways without coming within 3m of our house wall?

Do I say that as they are extending that far towards our home we will need professional advice from a surveyor, and explain that they need to pay? Or will this automatically happen as part of the planning process.

I really don't want to fall out with them, nor do I want to be unnecessarily difficult, but I also want to protect my home.....

OP posts:

micku5 · 13/09/2012 23:09

DH says you should ask your neighbours if they will be issuing you with a notice under the party wall act. You wouldn't normally get this until they have been issued planning but it won't hurt to let them know you are aware of the Act

tricot39 · 13/09/2012 23:10

The party wall act is about protecting the rights of the shared wall or boundary. So it is slightly odd because it should be administered fairly so that no one party has advantage over another. Having said that you cannot use it to stop (most kinds of) work so it does disadvantage one side in the sense that you have to put up with disruption from someone elses building work.

Party wall stuff comes along late in the day. About 4-8 weeks before work starts so you need to get your points across now. That might mean paying a surveyor yourself as before. Once/if the pw notice is served they have to pay but if a notice is unecessary or not served they wouldnt.

Original poster

wanttomakeadifference · 13/09/2012 23:26

mick thank you for the suggestion. I will ask them. They have recently agreed to allow us access to their land in order to fix our roof, hope this doesn't make them reconsider.

tric I'm a bit confused by the bit of your post saying the Party Wall Act can't be used to stop building works. Can I not somehow stop work being done that could cause damage to my property? Surely they can't get a shiny new extension while my house subsides due to their excavations?

Also, can anyone clarify why I should consider appointing my own surveyor before they issue a party wall notice? Would it not be ok to wait until notice has been served?

OP posts:

micku5 · 14/09/2012 08:09

A schedule of conditions will be taken of the property before the works start and afterwards. And if any damage has been made then they will have to make good.

TheDoctrineOfSnatch · 14/09/2012 10:49

Isn't there a restriction about how close to a boundary you can extend without planning permission anyway, which is unlikely to be granted if its less than 1.6m I think (disclaimer - not a professional)

If there is already a car's width between your properties how can they extend sideways?

Original poster

wanttomakeadifference · 14/09/2012 10:56

doctorine I think maybe I've not explained very well....

As you look at our houses, there is about a cars space between them. Theirs space is their land, they park their car on it at hand front or the house, and behind this they have a patio in the space.

They have been told that the new relaxed planning laws will mean that they can extend onto their car parking area, whereas previously this would have been a problem.

I've no problem with the car space issue, I just want to protect my home....

OP posts:

Original poster

wanttomakeadifference · 14/09/2012 10:57

Sorry, terrible typos: this space is their land, they park their car on it at the front of the house.

OP posts:

PigletJohn · 14/09/2012 11:54

The Party Wall Act is far too complicated for me to understand, but a couple of key points I think are:

They are doing the work, so they have to pay for the Party Wall Surveyor. You and they can have the same one, which makes it cheaper, but if you want, you can appoint your own and they have to pay for him.

I presume there is some standard form for the agreement, but presume also that you can modify it to suit yourselves.

It does not give them the right to build on your land (some people slyly encroach) or to trample on your garden.

Sausagedog27 · 14/09/2012 13:06

Hi op,

Just in relation to your recent post, it might be worth noting that the new planning regulations that have been in the press are not in place yet- there will be consultation on them first before any relaxations are introduced.

Pendeen · 14/09/2012 15:19

Planning legislation controls if the application can proceed or not, the appearance etc. Often planning consent is 'deemed' if the proposal conforms to certain requirements without any application being necessary

Building Regulations will control what is built i.e. the technical detail and the local authority surveyor will take into account the structural stability of the proposal - amongs many ther things. Your neighbours apply to the council with a Building Notice (no detailed drawings) or Full Plans, or an independent Approved Inspector.

The Party Wall Act protects your rights regarding damage and inconvenience. The Owner (i.e. your neighbour) should serve a Notice on the 'Adjoining Owber' i.e. you.

Unfortunately the three processes are separate so it's worth talking to your neighbour as soon as possible (or writing them a letter mentioning that you expect to receive a Notice if your relationship with them is poor) in order that they are in no doubt about your position and concerns.

In essence, you should not have to pay anything.

Pendeen · 14/09/2012 15:21

The Party Wall Act protects your rights regarding damage and inconvenience. The Owner (i.e. your neighbour) should serve a Notice on the 'Adjoining Owber' i.e. you.

In essence, you should not have to pay anything.

Pendeen · 14/09/2012 15:22

Bugger!

tricot39 · 14/09/2012 19:03

To clarify - some people think it is possible to prevent neighbours carrying out work by using the party wall act. That is not possible. The act requires them to make fair and reasonable proposals. However there are massive grey areas. The proposals might be entirely safe in the long term but end up causing cracks etc in your house or they might secure rights of access to your garden to do the work. So while they have to make everything good the work might still inconvenience you. If you think they are unlikely to make good you can insist on them putting up a bond to cover repairs before you agree to their proposals which would be adninistered by the surveyors.

You need to talk to them and keep things friendly to keep the channels of communication open so you keep up to date with what is happening.

Download your local guide to permitted development and get to know the rules so that you can point out things if they would not get permission and that you don't like. Encourage them to apply for a certificate if lawfulness before they start so that they dont put up a carbuncle!

I think you are right to be wary if they say new planning rules make their plans ok. Noone knows what the new rules are yet!

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