Party Walls - Boundary Wall/Garage

by **jm60** » Sat May 10, 2008 5:08 pm

Do we have to have the neighbours agreement to build a boundary wall, between our front gardens, if we build it on our side of the boundary. Does this constitute a Party wall?

My neighbours garage wall runs right along the boundary about 3 feet away from my side door (I believe this was put up without any consents sometime ago) Can I use this wall? Is this a Party wall? Can I put a sloping roof from my property to this wall?

by **ALDA** » Mon May 12, 2008 9:49 pm

IF YOU BUILD THE BOUNDARY WALL ON YOUR PROPERTY KEEP IN MIND THAT THE FOUNDATION WILL HAVE TO BE ON YOUR LAND ALSO AND THIS MAY RESULT IN YOU GIVING UP AN AMOUNT OF YOUR LAND TO YOUR NEIGHBOUR IN AN EFFORT NOT TO CAUSE ANY DAMAGE TO THEIR PROPERTY (EVEN TREES AND HEDGES ETC.) AND TO AVOID COVERING OVER ANY SERVICES THAT MAY RUN UNDER/ALONG THE BOUNDARY.

AS YOU CAN SEE, IT IS NOT SUCH A SIMPLE MATTER, ESPECIALLY IN THESE LITIGIOUS TIMES WE LIVE IN!!!

TO START WITH, CHECK THE PROPERTY DEEDS TO SEE WHERE BOUNDRY LINE/WALL/FENCE IS POSITIONED/LOCATED.

DEEDS WILL ALSO TELL YOU THE OWNERSHIP OF SUCH WALLS/FENCES (MAY BE A JOINT BOUNDARY ON BOTH SIDES OF PROPERTY OR OWNERSHIP OF ONE SIDE ONLY) AND MAY INDICATE MAXIMUM SIZES FOR MAINTENANCE/RENEWAL OF THEM.

TALK YOUR IDEAS THROUGH WITH YOUR NEIGHBOURS AND GET THEM ONSIDE BEFORE YOU START WORK.
(WRITTEN AGREEMENT MAY BE A REQUIREMENT TO COMPLY FULLY WITH ANY PLANNING CONSENT NEEDED).

SO YOUR NEXT PORT OF CALL SHOULD BE YOUR LOCAL PLANNING AND BUILDING CONTROL OFFICE FOR INFORMATION/ADVICE ON YOUR TENTATIVE PROPOSALS.

REGARDS,

ALDA.

by **jm60** » Tue May 13, 2008 3:03 pm

Thanks for the advice Alda

by **LCL** » Sat May 17, 2008 4:22 pm

JM60

The planning issue first, unless you are in an area of planning control, ie conservation, article 4 directive, the wall at the front of the dwelling can be no higher than 1.0m.

The foundation for your proposed new wall does not need to be entirely on your land. You have rights under the Party Wall etc Act 1996 to construction a wall wholey on your land and place projecting (non-reinforced) foundations onto your adjoining owners land. You will need to serve a S1 notice for this (building on the line of junction) You are well within your rights to serve this notice yourself, but if your neighbours dissent to the works, you are not legally able to represent yourself and will be liable for both your neighbours and your own party wall surveyors fees.

ALDA refers to trees and hedges not causing damage to adjoining owners dwellings. This comes under the laws of tresspass and nuisance. farbeyond any advice i can give as a surveyor.

Going back to your question, if the adjoining owners face of your wall is the boundary line, this will effectively be a boundary wall, not a party fence wall.

With regards to the neighbours garage wall. You can only enclose upon this wall (ie build a roof onto it) if it is a party fence / party wall and by definition has the boundary running through it. Again you would need to serve notices onto your adjoining owner indicating your proposals. If the wall is wholey on your adjoining owners land, you have no rights to ude this wall at all.

Hope this helps.

LCL

by **jm60** » Tue May 20, 2008 1:32 pm

LCL Very useful, thanks

by **alanfp** » Fri May 23, 2008 12:08 am

Related Question...

My neighbour plans to build a wall (with 1m deep foundations) right up to the boundary. My garage wall is built right up to the boundary. I don't see how he can dig and lay his foundations right up to the boundary without digging under my garage wall (which I presume has foundations of say, 1/2 a metre).

Is he allowed to do it anyway??? (he has just served me a notice under the party wall act)

by **ALDA** » Fri May 23, 2008 5:13 pm

ALANFP,

FROM YOUR DESCRIPTION IT SEAMS LIKELY THAT THE FACE OF THE GARAGE WALL WILL BE THE BOUNDARY LINE AND THEREFORE THE FOUNDATION TO THIS WALL WILL ALREADY BE UNDER/OVER YOUR NEIGHBOURS SIDE OF THE LINE.

IF THE PROPOSED WALL IS BUILT TO JOIN WITH THE GARAGE WALL AT FOR EXAMPLE RIGHT ANGLES, THEN THE PROPOSED FOUNDATION WILL BE TOTALLY ON THEIR PROPERTY.

IF THE NEW WALL IS TO BE BUILT AJOINING/PARALELL TO THE GARAGE THEN THE EXISTING FOUNDATION MAY NEED TO BE WIDEND TO ALLOW ITS CONSTRUCTION.

IN NEITHER CASE WILL IT BE NECESSARY TO DIG UNDER THE GARAGE WALL.

ALDA.