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Building to the boundary (single storey extension)

6 replies

zippyswife · 04/08/2024 08:37

Looking into various different options for extending our house to create a kitchen diner/utility/shower room.
Neighbours have built to the side to the boundary - what are my rights regarding building on that side?
I had several builders in- each have given a different answer (from needing to leave a metre gap to building onto their wall). Internet searches seem to say either I can build to their wall/extension which is on the boundary line or 50mm from it.
I only have 2m to play with so leaving a metre or even 500mm from the boundary (has been suggested) would be a deal breaker.
on another note- the neighbours gave guttters and air vents onto my side… every builder said that shouldn’t have been allowed but in practice what should I do.
i don’t really know my neighbours well. We just don’t ever really see each other.

OP posts:
Another2Cats · 04/08/2024 14:27

"Neighbours have built to the side to the boundary - what are my rights regarding building on that side?"

If they have built right on the boundary line then that wall has become a party wall. In that case you can build onto their wall.

If they have built the wall entirely on their side of the boundary line then it is their wall and you can't touch it. What you would need to do in that case is to build your own wall next to theirs.

Before you start work you will need to send them a Party Wall Notice.

"on another note- the neighbours gave guttters and air vents onto my side… every builder said that shouldn’t have been allowed but in practice what should I do."

It depends. Do you know how long the gutters have been there?

If they have been there for at least 20 years then your neighbour may have acquired the right to keep them.

If it's been less than 20 years then they have no rights. It would be best to start off civilly at first and explain that you would like them to remove the guttering from your property. They will likely decline to do this.

From there (unless you wanted to go to court to get him to remove it) the easiest option may be to include removing the guttering etc as part of the work covered by the Party Wall Award.

The Party Wall Award is a legal document that says what work should happen and how it will be carried out.

zippyswife · 04/08/2024 16:16

Thank you @Another2Cats that is a fantastic explanation.

it appears that they have built right up to the boundary line- I assume on the line- though that would be impossible to really know for certain. If there wall was the party wall then I assume we would not need foundations for that wall? We would just use that wall and insulate on side? Forgive my ignorance I am very new to all this!

OP posts:
Another2Cats · 04/08/2024 18:26

zippyswife · 04/08/2024 16:16

Thank you @Another2Cats that is a fantastic explanation.

it appears that they have built right up to the boundary line- I assume on the line- though that would be impossible to really know for certain. If there wall was the party wall then I assume we would not need foundations for that wall? We would just use that wall and insulate on side? Forgive my ignorance I am very new to all this!

"I assume on the line- though that would be impossible to really know for certain."

Have a look where the centre line of the two houses is (I'm assuming here that it's either terraced or a semi).

The wall that you share with your neighbour's house is a party wall. If they have built the extension onto that shared wall then it is on the boundary line.

If it isn't on the boundary line then you would typically still have a fence between their extension and your property.

"If there wall was the party wall then I assume we would not need foundations for that wall?"

I'm definitely not a builder so, sorry, I can't help there.

"We would just use that wall and insulate on side?"

Again, speak to a builder about how they would go about doing that, but it does seem reasonable that this would be all that would be needed.

However, in this situation you will need to go through the whole Party Wall Act thing. This is an added expense that you may/will need to budget for.

First of all you need to provide a written notice to your neighbour. This is the Explanatory Booklet for the Party Wall Act which explains how everything works really well and is definitely worth reading. It also gives some good examples of how to write a notice:

https://www.lincoln.gov.uk/downloads/file/419/the-party-wall-act-1996

or here:

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

They may agree or they may not. If they don't agree then you need to appoint a Party Wall Surveyor. This can cost you around £1,000-£1,500 (and you pay for this). Prices will vary depending on where you live (London is a lot more expensive than elsewhere).

Given that the work will involve removing their gutters then I would guess that they would not agree to this so you will likely have to budget for the cost of a Party Wall Surveyor.

On the other hand, the surveyor will write up what is called the "Party Wall Award" which, as I said, is a legal document that states what work is to be done and how it is to be done.

If your builders need access to your neighbours property then this will be included and your neighbour cannot stop them during usual working hours**.

Likewise, if the Award says that their guttering is to be removed then, again, your neighbour cannot stop this happening.

The whole Party Wall Act thing can get expensive but it does enable reasonable work to go ahead and protects both sides.

** Interestingly, as long as 14 days notice is given, if the adjoining neighbour is not in the property to give you access then the Act says that you can break in:

8 Rights of Entry

(1) ...

(2) If the premises are closed, the building owner, his agents and workmen may, if accompanied by a constable or other police officer, break open any fences or doors in order to enter the premises.

https://www.lincoln.gov.uk/downloads/file/419/the-party-wall-act-1996

zippyswife · 04/08/2024 20:11

Apologies! I don’t think I’ve explained it well…

Im detached and would like to build a side extension to the boundary of my land. The neighbours have a detached property next door and have built to the boundary right up to my land but not onto any of my property.

Hope I’m making more sense now. Does the advice still stand given these circumstances?

OP posts:
BruceAndNosh · 05/08/2024 02:54

Then your 2 detached houses would essentially become semi-detached, which I think would devalue them both somewhat. Your extension would increase the value of your property but devalue theirs...
Expect resistance from them!

Another2Cats · 05/08/2024 06:10

"Does the advice still stand given these circumstances?"

Yes.

"...and have built to the boundary right up to my land but not onto any of my property."

From what you say it does seem that this is a party wall and that the Party Wall Act will apply.

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