Loft Conversion + Raising the Party Wall

[Deeny27]

Hello :)

Hoping someone can help. We have bought (after 8 years of saving) a small Victorian terrace in SW London. We need to convert our loft in order to expand our family. The neighbours to one side have had their loft converted and so we mistakenly thought that this would be easy-ish to deal with. It has been far from that. Our architect and various friends / neighbours all advised that it is best to extend the party wall and then have the "brickwork" or "parapet walls" on either side of the loft, I agree it looks much neater and our architect says it really helps with noise and temperature control in the loft. We have engaged the same Party Wall Surveyor used originally by the neighbours who had their loft done so as to minimise costs by going with someone they were happy with. He has however now advised the following with regards to the neighbours loft "their existing loft extension has been constructed inside the line of the party wall but with their roof verge and flashing projecting over their half of the party wall. As such, your proposal to raise the party wall will conflict with their roof and will necessitate removing their fascia board and adapting their existing dormer roof to suit. Additionally it may also interfere with their slate claddings to the side of their dormer as I suspect that they have also slightly project over the top of the existing party parapet. Whilst you have a right to do this, it will inevitably involve additional costs to you for re-configuring their dormer finishes and I suspect, will not endear you to xxxx"

Now, while I am not a architect, builder or party wall surveyor, I did spend a fortune on a very small and narrowl house and I can't understand why I would need to pay for changes to their lofts when they have overstepped their side of the boundary / parapet wall.

Any one had anything similar who can advise me as currently just feeling so overwhelmed and wishing we had remained carefree tenants

Thanks in advance!

Have not had exactly this situation but have just spent the better part of 10k and 18 months in a party wall dispute with difficult neighbours.

Have you had a chat with the neighbours? Obvs for legal advice you have to stick with the surveyors but keeping friendly with the neighbours has waaaaay more value than you would imagine.

And I also suggest you don't dig your heels in re: not feeling you should pay for their stuff as apart from anything else surveyors/lawyers fees mount up during arguments and for fuck all to show for it in the end.

Thanks for the responses. We have tried the neighbourly route and it don't go well. Our issue is further complicated as we want to do a ground floor extension too but every architect / builder we have engaged has said that their ground floor extension goes over the boundary and into our land by a good 4 inches and they are trying to prevent us using their wall as a party wall in our plans meaning we would need to build our own and in a very narrow house (4 meters) it seems insensible. We have had a party wall surveyor over who is 95% certain they have gone astride their boundary so it is going to end up being a costly party wall issue regardless :-(

I'm reasonably sure they would be obliged to allow use of the party wall they've built over the boundary (and anyway why wouldn't they!) In any party wall award.

I'm not sure what stage you're at but you need to present concrete plans first and then have the discussions with the neighbours and surveyors. As I'm sure you know, the neighbours can choose to engage their own surveyor.

I don't want to seem negative but you need to take a practical approach and not a 'why should I pay' one because however unfair it seems you'll have to abide by what the surveyors decide.

So the neighbours have agreed to use the same surveyor? That in itself is a good thing and will save you £££ (and demonstrates your neighbours may not be being bloody minded for the sake of it)

Where did this get to? We are the adjoining neighbour in this example (we have a loft extension (dormer) built up to the boundary.

If your neighbour has built over the boundary they would have required the permission of the previous owner when the party wall award was signed. The original surveyor should be aware if that was the case and/or you can read the document.

If the neighbour has built over you boundary without permission it is trespass and your rights can be enforced according to the depth of your pockets. However, a negotiated and/or amicable agreement may be easier/cheaper. I'm not sure how comfortable i would be having the original (neighbour's) surveyor acting for you in this case.

Potentially helpful read here... https://www.tksurveyinggroup.co.uk/single-post/what-can-i-do-about-an-extension-built-on-my-land-without-permission