has anyone used the Party Wall Act to raise the height of a wall?

[whatcolourisyourfriday]

Hi mumsnet,

There is a beautiful Victorian stone wall between my garden and my neighbour's garden.

Sadly, about 15 years ago, he put a 3m high shed there. He uses it for his building business and the window directly overlooks my hideyhole.

I've put planting against it (please no pleached trees suggestions - he just cuts into them - and please no "I'm surprised he got planning permission"s - he didn't bother - he's a bully) but it's no good - he hates plants and cuts them back. He can't see what's wrong with his window overlooking the very small corner (the only place in the garden with a view).

So! I've decided to stop moaning and shell out to raise the height of the wall. Obviously I will ask him first and seek consent but failing that I think I will have to follow the Party Wall Act procedure. I want to raise the height to 2m (I think that is the maximum without planning) and it will cost a bomb but after 15 years it will definitely be worth it to get some privacy back!

Has anyone used the process and did you get what you wanted?

We had to have three party wall agreements for a small extension we built, due to the configuration of the house. We built on the boundary on one side. It was a long and expensive process due to all adjoining neighbours exercising their right to their own surveyor, at our cost, but ultimately we got the extension we had planned.

I would add that as soon as you put in your planning application, party wall companies will approach your neighbours warning them that they need to be represented and offering their services. This may encourage them to use their own surveyor when in reality, they could have appointed your surveyor which is cheaper. Although we had discussed the extension with our neighbours before submitting the planning application, I wish we had discussed party wall agreements with our neighbours earlier on. We didn’t realise that submitting plans would trigger these companies to jump into action and ultimately add to our costs. I believe they look for planning applications that may involve PWA’s on the council website and scout business through them.

"as soon as you put in your planning application, party wall companies will approach your neighbours warning them that they need to be represented"

that's incredibly helpful, thank you. Sounds like I should deal with the party wall issue first, before submitting the planning application? That would work well as it's not actually going to be part of the changes I make - I'm just sick of being overlooked over a 1.2m wall.

Aha! why can't I find these party wall companies online ? i must be googling it wrong.

Can I make a different suggestion? How about a custom made arbour seat, like a bench with a roof? The roof backboard could be the exact dimensions of your neighbours shed window?

Sounds a shame to change the wall because of this prick.

www.gardengiftshop.co.uk/garden-furniture/garden-arbours-and-arches/winchester-arbour-with-under-seat-storage?gclid=EAIaIQobChMIirXwlJKu6gIVAtKyCh3ObQ5EEAQYEyABEgJ3APD_BwE

That’s brilliant, love the idea above. Or put your own fencing panel in on your side of the wall just to cover his window?

it's a beautiful wall, that's the sad thing. Victorian stone. Having wood covering it would be like him winning.
All planting that we place up high (standard roses, etc) gets hacked into from his side.
This has been going on for years - he won't change.
There is no alternative to raising the wall. It's going to be my 50th birthday present to myself :)

Who owns the wall?

it doesn't matter soup, so long as it's a party wall.

It does matter who owns the wall. It's a boundary wall not necessarily a party wall.

Exactly, I’m not convinced you need a party wall agreement if it’s a garden boundary wall and. Speak to a local surveyor.

If he is cutting your stuff down in your garden that is not overhanging his garden then he is breaking the law! Call the police, although they'll probably say it's a civil matter.

@whatcolourisyourfriday

it doesn't matter soup, so long as it's a party wall.

Of course it matters who owns it.

have a look at the guidance.

all that matters is that it defines the border.

"Call the police, although they'll probably say it's a civil matter."

I think you answered your own point there! You thought it through but most people don't....

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/523010/Party_Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

blast!

drat-it soup dragon....

It could be a "boundary wall".

I hate being wrong!

I shall flounce off and name-change!

well actually I'll pay a surveyor...

You would not need party wall agreement if you fitted something like this i.pinimg.com/736x/d8/52/43/d8524323d4189cf028ce2cbda36ab2c0.jpg

Just ensure it is at the 2metre or less and neighbour cannot object and you can still see your beautiful wall.

@whatcolourisyourfriday

have a look at the guidance.

all that matters is that it defines the border.

I have read the guidelines.

Generally a party wall is one that divides a dwelling and unless you get agreement from other parties you won’t be able alter, whereas a garden wall would be a boundary wall, which could still be owned by both of you, new builds have the boundary ownership marked with a T on the plans however with an old house it’s not always obvious who owns it without knowing who built it in the first place, and before anyone says, it’s not always the fence on the left that belongs to you, on older properties

What's a hideyhole? As I've not heard that word before. You should take pictures at different angles of wall and window which might offer more suggestions that will benifit you and cost you less to spend.

" Generally a party wall is one that divides a dwelling and unless you get agreement from other parties you won’t be able alter, whereas a garden wall would be a boundary wall, which could still be owned by both of you, new builds have the boundary ownership marked with a T on the plans however with an old house it’s not always obvious who owns it without knowing who built it in the first place, and before anyone says, it’s not always the fence on the left that belongs to you, on older properties"

thank you that's very helpful. Ah well, the further you fall the closer you are to bottoming it out!

the architect was saying stuff like "I think your house was built first" and I was thinking "what does that matter?" but now I see.

mind you, I was at least right to say that it doesn't matter who owns it as long as it's a party wall. seems where I went wrong is that a boundary wall might not be a party wall.

"You would not need party wall agreement if you fitted something like this i.pinimg.com/736x/d8/52/43/d8524323d4189cf028ce2cbda36ab2c0.jpg

Just ensure it is at the 2metre or less and neighbour cannot object and you can still see your beautiful wall."

Hmm, that does go nicely with the brick. Maybe I should get the local fencing specialists in to see if they have any suggestions?
I will show them that useful photo- thank you

Did you report this structure to your local planning dept? It’s clearly breaking permitted development if the height of the structure is >2.5m less than 2m from his boundary. Planning enforcement can make him take it down.

Still go with the half fence option though, looks lovely.

well actually I'll pay a surveyor...

Start by checking your deeds to see who is responsible for the boundary. Also can you see where the party wall between the houses is? I can see mine by the change in the roofline and by measuring how far to the wall from the window it is inside. I can see that my wall is wholly on my property (and it's the boundary I'm responsible for). You might be able to work it out yourself. Trickier if the wall isn't attached to the house though.

If it's yours you can then raise the height of the wall, if not, you can put in the fence linked to below (without attaching anything to the wall).