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Neighbours extension

6 replies

WhataSook · 19/07/2013 13:53

I received a letter in the mail stating that our neighbours had applied for planning permission and that this company wanted to act on my behalf as a party wall surveyor.

I'm thankful they tipped me to the extension works (our neighbours are good in that they are super quiet and don't make any noise until the extension starts but they don't talk to us) and after having googled the company name I won't be using them.

But I just wondered what I should do now? Do I need to find a party wall surveyor? Do the neighbours have to inform us of when the planning is approved and when they intend to start their extension?

And one last one, we are end of terrace, do we need to allow them to come through our backgarden if they ask? There isn't any mention of right of way/access in our deeds, and as far as I know there has been a fence up for a long time.

OP posts:
lalalonglegs · 19/07/2013 17:23

Their extension may not affect the party wall - as you guessed, there are a lot of ambulance chaser type party wall surveyors out there who automatically write to neighbours when planning consent is sought for domestic work in the hope of picking up some contracts but they don't really look at what is being proposed before sticking a letter in the post. You could wait for the council to inform you of the proposals, or check them on the council website or mention to the neighbours that a firm had contacted you and you wondered what work they were planning.

No, you have no obligation to let them use your garden for access. That is something their builders will have to work out for themselves and, depending on the work, may mean carrying materials through the house, or hauling them up over the house.

Mum2Fergus · 19/07/2013 19:26

Check with Planning Dept of your local authority...most have online portals for this stuff nowadays where the application and plans etc will be there for you too see.

WhataSook · 20/07/2013 19:34

Thank you. I checked the council website and it says it's a loft conversion and single story rear extension.

And then I googled some more...which I'm now wishing I didn't as there are lots of horror stories out there regarding neighbours extensions!

Should I try to find a party surveyor now or do I wait until it's approved?

OP posts:
superram · 20/07/2013 20:33

They probably won't need planning for the loft but will for the extension. I would start looking for a surveyor but you need to talk to your neighbours as they might just ask you to sign the agreement and ask you not to appoint a surveyor (I would get one personally). Your neighbour has to pay for whoever you choose.

digerd · 20/07/2013 20:46

Yes they are obligated to let you know, when their building work will commence and when it should be finished.

Yes they do have right of access to your land to erect scaffolding and do any work necessary in regard to extensions. Any damage they do is the neighbour's responsibility to make good, including damaging plants in your garden.
Look up the "Access to neighbouring land Act".

lalalonglegs · 20/07/2013 20:53

The Access to Neighbouring Land Act only allows access for maintenance/emergency repairs on existing property, it does not give a green light to people wishing to use their neighbour's land to build an extension. If they want to do that, they will have to negotiate for it and you can charge them for access if you wish.

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