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Neighbours extension touching our wall?

17 replies

Cantaana · 09/07/2018 10:13

We live in link detached houses, our neighbours are building an extension in their car port (all fine, we have done the same). They sent us a party wall notice to say they would be removing some of our overhanging guttering and soffets to build a valley gutter of sorts (again we were happy with this as better to be properly protected against rain, and we did the same our side). With this party wall note we were given a copy of the building regs, clearly showing a gap between our existing wall and their new one - the size shown to be 10cm. I rang and confirmed the gap with their structural engineer. We left a gap of around 15cm front and 10cm to the rear of our extension.

However now the wall has been built it is a hairs width away from our wall, and we think touching in some places.

There was no agreement in the party wall letter we signed to say they could alter or touch our wall- it literally only mentioned the roof bits. Can we get them to take it down and rebuild?

OP posts:
Gromance02 · 09/07/2018 10:17

If they have breached building regs then I would hope they would have to take it down and rebuild.

Arewehomeyet · 09/07/2018 10:27

Did this require planning permission?

doodlejump1980 · 09/07/2018 10:28

Diagram. You know the rules :)

Imchlibob · 09/07/2018 10:41

Even 15cm seems far too little - how will repairs and maintenance to the fabric of either house be manged if there is no gap? If the gap is too small for repairs and maintenance then effectively joining up the two properties completely and making a single weatherproof shell makes more sense, but this would turn the buildings into effectively semi-detached rather than link-detached, reducing the value of your home which you therefore should be compensated for. All this should have been dealt with in the party wall agreement.

MyOtherProfile · 09/07/2018 11:51

That's dumb. They may as well have built onto your house!

Limpopobongo · 09/07/2018 21:54

Surely if this is left it will encourage damp? Material will easily build up in this small gap,,material that will be impossible to remove, and it will bridge the DPC

Cantaana · 10/07/2018 11:04

I'll try and answer a few questions.

Yes it required planning permission. But importantly (and something I didn't pick up) they applies for a change of use for the part of the extension between our houses (so not the bit out the back), so not an extension of such but a conversion of the garage into habitable accommodation.

Our houses were originally link detached, therefore as they shouldn't be touching our wall, or building on to it, there was no need for the usual party wall agreement. The one we received was to notify of changes to the part of our roof that is overhanging their property. The changes to our roof will make a valley gutter, therefore shielding the gap from water getting in and what not.

Our house is actually higher than theirs, the structural engineers drawings we were supplied with show a DPC taken 150mm above adjacent level DPC - but I'm assuming this is their side only.

There are actually no rules on distance between extensions, as far as I can see anyway! They are taking it right up to the boundary line.

I think the gap we left was a suggestion from our builder to try and guard against noise- we don't hear our neighbours on the other side.

I am going to call the neighbours today, and say that the wall is significantly closer than we expected, and therefore would they consider adding soundproofing their side (beneficial to both of us).

We will also be taking dated pictures of our walls as someone else pointed out the extension being this close would need support from our foundations and may have also disturbed them, so if there is any cracks or anything we want it noted they have appeared AFTER the work was done.

The link to a semi is a bit of a red herring i think, seeing as we were attached anyway, it's just the attached part was a garage.

On closer inspection, once the builders left last night, it isn't touching, just exceedingly close. So i don't think we can get them to rebuild, I think requesting the soundproofing is the way to go, and documenting the existing quality (not the right word but can't think of it) of our walls internally at least, as the wall has gone all the way up now so we can't see the external side.

OP posts:
Cantaana · 10/07/2018 11:05

Sorry to qualify link detached by a roof, and they were making alterations to the roof, keeping it link detached, this was what was in the agreement - raising the height of the link detached bit and taking out part of our overhanging roof in the process.

OP posts:
Cantaana · 10/07/2018 11:26

A diagram is beyond me. Here's a picture. It is now clear it IS touching our property. Ours is brick their new wall is breeze block

Wanting to maintain neighbourly relations I've contacted them and they are contacting their party wall surveyor to ask. And have said of the builders have gone too close then they will need to rebuild.

Argh it's so hard and awkward!

Neighbours extension touching our wall?
OP posts:
Pokerfaceorbust1 · 10/07/2018 20:01

If they have built up to your wall are they only building to the boundary or have they encroached on your land if you left a gap of 10/15cm when you built yours? And presumably overhanging is allowed in your deeds?

Daftasabroom · 10/07/2018 20:53

If you left a gap and they have subsequently built up to your wall, then it sounds like they have built on your side of the boundary

Daftasabroom · 10/07/2018 20:54

Oops missed that last post

loveka · 10/07/2018 21:06

They arr allowed to build up to the boundary. It doesn't matter about leaving room for maintenence.

I know this to my cost, as my neighbours were allowed to build up to the boundary. The party wall act permitted them.to destroy my garden in order that they could build up to the boundary (they had to do it from our side or else we would have been looking at a wonky wall)

BewareOfDragons · 10/07/2018 21:15

They destroyed your garden?! Surely they should have to pay to have any damage repaired, plants replaced, etc!

loveka · 10/07/2018 22:34

Yes, they are supposed to. They refuse, we need to take them to court to get it.

We are selling- mainly because of them- and they know we can't afford to declare a dispute like that. So they wont pay.

It makes me feel.sick every time I look at it, hence moving. Neighbours can have a terrible impact, they really can.

Daftasabroom · 11/07/2018 07:33

Your foundations will extend some way beyond your wall probably 15cm minimum and up to the boundary. They would have to have built on the foundations you laid. But do check that your new wall is indeed inset by 150mm.

Pokerfaceorbust1 · 11/07/2018 07:49

Totally agree with you @loveka , horrible neighbours are hell on earth. You expect people to be reasonable just because you are but unfortunately not the case. Good luck with your move

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