Planning permission granted and problem neighbours

[pickledbatswings]

We are having problems with our neighbours. We got planning permission granted which is for a wet room for a disabled person. The neighbours will not sign party wall act and so we have to get surveyors out at a cost. They are also contacting them about everything and anything which is being billed to us. I feel like this is being done as someone is disabled in the house. Is there anything I can do.

Clearly you have no idea about the laws/rules relating to party walls so best you don't give the OP advice.

Even with planning permission you do not have a right to enter their land for the purpose of building so you will need them to be onside. You are going to have to comply with their request for a different surveyor which they are entitled to under the Act.

A diagram showing before and after would be helpful

They can stop her if she needs to access their land and they don't give permission actually.

Why can't it all be built from your side, why do you need access to their property. A surveyor needs to look at it being built from your side, where the water supply and drains are located and how it could affect the foundations. Do you have room downstairs in the kitchen, utility room or a toilet that could be converted instead or would a stairlift enable someone to use an upstairs wetroom. What's the current layout of the house and the persons mobility needs. We converted the downstairs toilet and adjoining airing cupboard into a shower room.

Thread starts out as neighbours have an issue with wet room for disabled person… clearly the issue is about boundaries and access for builders!

I would be exercising my full rights on this one too, if I were the neighbour.

I wouldn't agree to this if I was your neighbour - I wouldn't want builders on my land doing work that was not for my benefit and potentially risky.
You are coming across as if you think planning permission outranks their right to refuse you access.
I think they were hoping your permission wouldn't go through so didn't want to be in bad terms but honestly, you can't expect neighbours to happily facilitate something which only has downsides for them.

I'd look at stair lifts and converting an internal bathroom - that's what my parents did and it works fine.

A different surveyor is required to prevent conflicts of interest. It's a red flag if the same surveyor agreed to work with both parties on the same job.

Alternatively build a wetroom within the existing garage space then look at alternative storage.

pickledbatswings · 27/07/2024 17:24
The wall will be close to their boundary and would require us to need access onto their land to build it. There is no fence between our properties in this area

And this is where the problem lies. They are not happy with your builders on their land. I wouldn't allow it.
Having planning permission is one thing, having the ability to do the work is quite another.
They probably had no objection to your wet room, but every objection to facilitating the building of it.
To put it bluntly, without their agreement you are stuffed. Party wall agreement does not give you access to their land.
You may be better revising your plans or moving.

For those saying that the neighbours don't have to allow access, when we had our extension built there was a clause in the Party Wall Award that did allow us access to our neighbours garden.

The conditions were quite stringent - we had to give I think at least 1 weeks notice, the builders could only have access if i wasn't reasonably practicable to carry out from our side and they were restricted to a strip of land 70 cm wide. There was also some other stuff about making good any damage caused.

The pro-forma to serve notice for this was quite strong, saying that failure to grant access could be considered a criminal offence!

Fortunately, the builders were in the end able to build entirely from our side and we didn't have to go down that route.

No I doubt they’re doing it because the wet room is for a person with disabilities. I imagine they’re doing it for very sensible concern for their property.

iif you do a bodgy job, their property will be affected. And they will be subject to all sorts of inconvenience and potential damage.

They are totally within their rights and you should realise this with a good grace.

As soon as we asked the party wall to be signed they have refused to talk to us in anyway and will not let us use the same surveyors as them.

They are acting sensibly and totally legally.

If you want access to their land I think you’re going to have to have a major change in your attitude.

If I were your neighbour reading this, there’s no way I’d give you access to my land. Why should I? Inconvenience for no benefit to your neighbours and now you’re cavilling about paying for a surveyor for them?

I'm really confused here. You say at one point:

"So one side is the garage which is on the boundary and the wall of the garage is in their garden... We are planning to extend the garage forward to build in the old part of the garage and make a wet room"

So this sounds as though you are extending the garage, one wall of which is on the boundary line.

But then you say this:

"We are building almost 1 meter from the boundary"

I really don't understand what is happening.

Is just converting the existing garage to a wet room not an option?

For those saying that the neighbours don't have to allow access, when we had our extension built there was a clause in the Party Wall Award that did allow us access to our neighbours garden

The point is, you had an agreement with clear conditions, and presumably you negotiated with your neighbours so their concerns were acknowledged in the Party Wall agreement.

@pickledbatswings seems to resent having to negotiate with her neighbours, and sees them as a nuisance.