retrospective party wall dispute

[nthng2snet]

I would like to build a side extention to my property. The next door neighbour built a side extention, about eight years ago.They built upto and just past ( by a couple of inches ) the party wal lline. They didn't ask us and to be honest at the time I wasn't aware of the party wall act. At the time i only asked the council about planning permission. So now I want to build a side extension adjoining his. He verbally agreed a couple of weeks ago , subject to looking at the plans.Today we ( not the royal we . me and the builder) met him today and he said he was still 'considering'. Does anyone have any info if there is a time limit to issusing him with a dispute over his infringement of the party wall act, albeit 8 years ago from when his was built.

[bigcat]

what would you hope to achieve by doing that?

NT

[Christian McArdle]

AIUI, you don't need his permission. If he didn't want you using "his" wall, then he shouldn't have built it as a party one, but set it back 30cm from the boundary line. You are required to pay for his surveyor, though, if he wishes to employ one.

Christian.

[wig]

I'd be surprised if they got planning permission to build up to and o top of the party wall/boundary line. My council would never hav granted this, I know because I asked them.

Can you describe it better? is this in what was previously a garden what sort of boundary wall did you have before? and now presumabl nextdoors extension protrudes a few inches onto your side beyond th wall/fence that was there previously.

I'm sure you can come to an agreement with him to agree for you to ti in to his extension. If you can't you could go down the route o getting nasty with him, solicitors letters telling him he i trespassing on your property and asking him to remove the offendin structure. (this is why planning authorities do not allow building o top of the boundary).

Wi

-- wig

[Tony Bryer]

The fact that what is proposed is not on your own land is not a reason for refusing PP. You can apply for permission to do something on a site that you do not own any part of - most usually done as a prospective purchaser, but I have known a local environmental group do this to establish the fact that site x could be used for y, and not turned into flats.

The only restriction is that if your application is for, or includes, land which you do not own, you have to serve a notice on the owner of said land. The fact that such as notice has not been served will not generally invalidate any permission that has been granted (except in the case of fraud), but it does render you liable to being prosecuted, and of course the fact that you have PP does not give you any rights to build over your boundary.

In this case if the wall has been built over the boundary then ISTM (IANAL) that the adjoining owner has two choices: rebuild it on his side of the boundary, or accept it as a party wall.