by The Party Wall Surveyor
Question
I have planning permission for a detached double garage that will be located behind our detached house. The new building will be 13 metres from the rear of our house and approximately 9 metres from the rear of our neighbour’s house. My neighbour has asked when he will be receiving a party wall notice.
He has a garden wall rather than fence to mark the boundary between the properties. Conveyancing documents show this to be the side that he is responsible for and I would therefore assume the wall to be wholly on his property and therefore not constitute a party fence wall.
As this is only a garden wall I am also assuming that it is not covered as a building or structure under the adjacent excavation rules of the act.
Can you please advise as to whether a 100mm freestanding garden wall without any supporting piers would class as a building or structure ?
Answer
Is the wall really just 100mm (4 inches) high? That would be just 1 course of bricks and is unlikely to have any foundations. The Act does not specify what constitutes a ‘structure’ in Section 6 (the Section that deals with excavations) but it is normally taken to mean a solid wall (brick or blocks) on a foundation.
If the wall is higher, say 1 metre, then it will be a structure and you should serve notice if you are excavating within 3 metres of it and deeper than the base of its foundations.
by The Party Wall Surveyor
Question
I am an adjoining owner. I run a car garage repair workshop from my premises.
My neighbour wishes to demolish an external wall which is on his land but abuts my boundary. The existing wall is some 6m high is part garden wall and part external wall of his buildings.
He is going to rebuild the wall, still on his land. The wall will form the external wall of new houses.
My properties are not within 3 m of the wall. I have a storage courtyard adjacent to the boundary.
- Can he excavate and build the new foundations on my land with the wall on his?
- Is he allowed access over my land to build the wall? If so this will prevent me from storing four vehicles? If so do I get compensation?
- Is he allowed scaffold on my land?
At one point there is also a single roller shutter connected to the wall he is going to demolish and rebuild.
Answer
The excavation work would not be notifiable unless you have a structure within 3 metres. If your storage courtyard is a solid structure (bricks or blocks on foundations) then it will be classed as a structure. If the new wall is to be built up to the boundary but on his land it is also notifiable under Section 1 of the Act.
Foundations can project over the boundary on to your land if the Building Owner can show that it is necessary – it would not normally be necessary as most walls can be built on the edge of a wider foundation.
Right of access to an Adjoining Owner’s property is given if it is necessary to carry out work that is in pursuance of the Act i.e. the notifiable works.
There is always debate amongst surveyor as to whether access should be granted for new walls on the boundary but the prevailing view seems to be that it should.
If the access affects the running of your business then compensation may be justifiable but that would be for the appointed surveyors to judge.
Follow-up
Some of my courtyard is concrete over hardcore etc and some is just tarmac over hardcore etc. Is this classed as a structure?
If not it would seem that as he is demolishing and rebuilding a wall wholly on his land and that he can make the foundations work on his land only, it is not notifiable. Therefore the Act is not coming in to it and a surveyor is not required. Does he still have right of access?
Answer
Neither of those would constitute a structure. Even though the wall is being built on his own land it is notifiable if it is up to the line of junction (see section 1(5) of the Act).
You could therefore dissent to the notice and appoint a surveyor. As the new wall is covered by the Act he could claim that access is required and the surveyors would have to judge whether it was necessary.
Follow-up
Sorry to be a pain, but the surveyor is saying that he cannot issue a Line of Junction notice as the wall already exists as an external wall to my neighbours building. as section 1b of the act states (not being …. the external wall of a building.)
by The Party Wall Surveyor
Question
We have an old garage next door and have just had a notice of proposed development from the council that the owner wants to knock it down and build a detached three storey house. Fine.
We were surprised to get a letter a few days later from a surveying company offering to act on our behalf, almost, but not quite, assuring us that it would not cost any money etc. I am trying to get a feel for how important it is to be represented in this way (rather than just letting things take their course) and how likely it is that we will end up with a bill.
Answer
Under the Party Wall Act it is for the appointed surveyors to decide who should pay their expenses. The phrase which is generally used is ‘in all normal circumstances that will be the Building Owner’. An ‘abnormal’ circumstance may be if the Adjoining Owner were to call the surveyors out on what turned out to be a wasted visit. That can sometimes happen when an Adjoining Owner spots a crack which they think is new but upon investigation turns out to have been there before the works commenced.
Without knowing the nature of the works it is difficult to say whether you require the input of a surveyor but I would be wary of so called ‘Ambulance chasing’ surveyors that trawl the planning lists and write to the neighbours touting for work – many of them have no relevant technical qualifications.
There are 2 respected party wall organisations which have online public directories of their members – we have a link to them both on our resources page.
Follow-up
In fact my concern was such that I forgot the most pertinent issue – that our building is a house split into two flats and we are only leaseholders. So I guess it is up to the freeholder to decide what they want to do? I have notified them anyway.
Answer
Long leaseholders are also recognised as owners under the Act so you will also be served a notice if your flat is affected by the works. If you choose to dissent and appoint a surveyor it would make sense to appoint the same surveyor as your Freeholder.
by The Party Wall Surveyor
Question
I am about to do a single storey rear extension that had planning permission refused as my neighbour contested I have now reduced the size of the extension to fall in line with the 3 metre rule and have a building notice in force. We are going to be using the existing foundations as the building inspectors are happy with them.
Does this still come under the party wall act if the exterior wall is built along the boundary but on existing foundations?
Answer
Section 6 (the part that deals with excavations within the 3 metres) would not apply if you are using existing foundations.
If you are building a new wall up to the boundary but on your own land you will need to serve a Line of Junction Notice under section 1(5) of the Act. To avoid serving notice you could keep the wall back slightly but it may be in your interest to serve notice if you will need access to your neighbour’s land to build the wall.
Follow-up
How far back would the wall need to be to avoid serving notice?
Answer
Keeping the wall back any distance at all will technically remove the need for a Line of Junction Notice. I think I would keep it back 2-3 inches so that it can be shown on a drawing that it is not on the line of junction. Do bear in mind the point about access in my original reply.
by The Party Wall Surveyor
Question
My neighbour tells me they want to build a conservatory which will be across the whole width of their house and length of our existing extension.
They propose to use our extension wall as one side wall – plastering their side.
What would be the implications of allowing them to do this? Their builder has suggested they need to get permission from us.
They mentioned that they could build a wall against the side of ours but this would have access implications.
Would this create a Type B Party wall? And what do I need to wacth for if it does?
Answer
Assuming that the side wall of your extension is your wall and not a party wall your neighbour would need to get your consent to enclose it. You are also correct to say that a ‘Type B’ party wall would be created if you allow that to happen.
Most Adjoining Owners would expect compensation for allowing a neighbour to use their wall – after all you paid for it in the first place. Although the Party Wall Act doesn’t apply as there is no right to enclose most neighbours would use the provisions of 11(11) as a basis for calculating the amount of compensation i.e. half the current day cost of building the wall and its foundations.
Follow-up
Is there a clear document somewhere that details the ongoing implications of becoming a type b party wall? I am more concerned about this than about financial compensation for the wall – it has been built for many years. I want to ensure I can maintain good relationships in the future with neighbour and don’t end up stuck with an issue further down the line.
Answer
The only document is the Party wall Act. Once the wall is designated as a party wall then your neighbour will have rights over it. The rights are set out in Section 2(2) of the Act.
by The Party Wall Surveyor
Question
My question relates to a party wall that was made of concrete blocks and has fallen down after 40 years – their were no footings for the wall and therefore insurance would not pay. Our neighbours who share the party wall live behind and slightly above us. Their garden is about 5 feet higher than ours so now we have a vertical drop with nothing to support it other than a line of trees close to the edge of their garden.
We have had some quotes and agreed on one which would costs us both £1,000. Our neighbours are panicking that the trees and soil may collapse into our garden and insist we build the new wall as soon as possible. At this time we do not have this money spare and said we would try and come up with it during the summer months.
After one week our neighbour appears to have lost patience and has bought in a surveyor and tells us via telephone message that he is going to serve a party wall notice.
Answer
If the wall is in shared ownership and has fallen in to disrepair your neighbour can force you to pay your share of the repair/rebuilding costs. They would need to serve notice under section 2(2)(b) of the Act.
The costs of work which is the subject of notice under section 2(2)(b) is defrayed according to section 11(5) of the Act. That section says that if one of the owners is responsible for the defect then they should pay for the repair. If the owners cannot agree responsibility then it will be up to the appointed surveyor to decide.
Follow-up
I don’t know how they would get the money – would they have to take us to court?. We could prove that we are severely stretched financially and may even have to sell the house to pay out £1,000.
Answer
Yes, they could take you to court to enforce the surveyor’s award. Bear in mind that you would also be responsible for half the surveyor’s fees which could add a few more hundred pounds.
by The Party Wall Surveyor
Question
My neighbour has received planning permission to erect an extension to his property. He intends to build his extension on the junction line.
We have a wall (wholly on our side of our property and which is our kitchen wall) which also sits on the junction line. He originally intended to incorporate our wall into his extension but has now agreed not to do this following our objection. Instead, he now wishes to build his own wall adjacent to our existing wall and has served a notice under section 1(5) of the Act. Given the fact that our wall is actually part of an existing building rather than a party wall is his notice defective/does he need to serve a notice under section 1(5)?
I presume his new wall will require some kind of foundations – can he use our foundations, which will lie partially on his property or will he have to dig below our foundations and create his own? Does he have a right to seal the gap between the two walls?
Answer
Notice under section 1(5) of the Act is required if his new wall is to be built up to (but not astride) the boundary line.
The new wall will have to be built on its own foundations and if those foundations are to be deeper than your existing foundations notice will also be required under section 6(1) of the Act. Your neighbour will have the right to cut in to your wall so that a flashing can be inserted to waterproof the gap although that again would require notice – under section 2(2)(j).
You may want to re-consider your original decision and allow your wall to be enclosed – the detail will be much neater and you could request some compensation. Presumably the main parts of your properties are divided by a single wall so it would be no different to that.
by The Party Wall Surveyor
Question
I am currently planning a side return extension and have served a party wall notice on my neighbour who has evoked her right to appoint a surveyor. The problem is that the surveyor has begun by sending a “statutory notice and formal request” document. This says: that my neighbour:
Does ‘not accept the validity of the purported notice’ because
- Not all owners are named (I am the only owner and am named on it….unless the lenders need to be named too)
- The nature and particulars of the work are not properly detailed….. I described it as “Single storey extension to side return of property. The proposed works do involve special foundations and as such I attach the relevant plans, sections and details of construction.”
- The start date is not stated or is too soon (less than one month)…….again I clearly stated this (a date a month and ten days after serving the notice)
What would you advise i do as the surveyor is clearly being awkward and seems to be making false claims about the invalidity of my notice. The neighbour is affable and merely concerned that her foundations may be affected. It seems they are overcomplicating the process by not accepting the notice!
Answer
From what you say your notice would appear to be valid. Now that your neighbour has dissented and appointed a surveyor you will also have to appoint a surveyor so that an award can be agreed. So long as you choose a surveyor that is experienced in party wall matters he will keep the process moving along despite the Adjoining Owner’s surveyor’s apparent incompetence.
by The Party Wall Surveyor
Question
As next door has already started building, we have had a good relationship and he showed me the plan and took me through the high’s that i agreed on, thus not objecting to the plans, now a wall has gone up 3ft above the agreed height that is already 7ft high from ground level.
I called the planning officer who said that was on his plan’s. But the plan i was told were not the one he had. Also he has built right up to the boundary and still has to face the brick work off and i do not want him on my property am worried that he will not do that. He has also undercut my land, and a lot of earth fell away and my fence has fallen down is he liable? We did have a joint surveyor but when he came to look at the land he told me he was not a party wall surveyor which is not what we agreed to. Do i now have any rights?
Answer
Having a party wall surveyor would not have given you and say over the height of the wall. That is a planning matter.
If damage has been caused as a result of work which comes within the scope of the Party Wall Act you have a right to appoint a surveyor to resolve that matter. The Act says that you can either allow the contractor to make good the damage or ask the surveyor(s) to agree a payment in lieu.
by The Party Wall Surveyor
Question
Our property is separated from our neighbour by an alleyway about 1meter wide owned by the neighbour. He has applied for planning permission to extend out at first floor level over the alley cantilevering from his side. The extension plans to have just a single skin wall and to use our wall as the second skin needed to comply
with building regulations. It will clearly be necessary to seal around the outer and inner skins, thus touching and using our wall.
Questions:
- Does he have the right to do this without our consent?
- Will this create a party wall with all the complications that seem to go with that?
- What action should we take at this stage?
Answer
Your neighbour has a right to cut a flashing in to your wall under section 2(2)(j) of the Act but must serve notice at least 2 months in advance.
If the extension is relying upon your wall to bring it up to current Building Regulation standard then he is making use of your wall. He would not have a right to do that unless it was a party wall. I would advise you to send a polite letter making him aware of these points. If he goes ahead and serves the notice then you will have the opportunity to appoint a surveyor to review the proposals if you wish to do so.
