party wall

OK, I didn't phrase it very well, but what I said still holds true "It's quite clear from the OP that he wants to avoid this by building away from the boundary". So the answer to his question "How far from the boundry line can I build without having to seek his permission" is

3m then.

MBQ

Reply to
manatbandq
Loading thread data ...

Not quite. If you are excavating within 3m and lower that your neighbours foundations or within 6m if you are excavating lower than a line drawn at 45 degrees downwards from the bottom of neighbours foundations.

MBQ

Reply to
manatbandq

Yes, the bit you didn't phrase very well was the bit where you said "The party wall act only applies to party walls." which was of course, completely incorrect. As the respondent to the OP said, he needs to conform to the Party Wall Act. We all need to conform to this Act - it's the law.

Al

Reply to
Al Reynolds

Isn't it just.

Nor did a lot of people actually read the OP's question.

MBQ

Reply to
manatbandq

True, but foundations for a new extension will almost always be deeper than for the house it is attached to, because of changes in building control. For the second requirement to apply (outside 3m), his foundations would need to be 3m deeper than the neighbour's foundations. This also seems pretty unlikely, if the houses are on the same level.

Al

Reply to
Al Reynolds

The OP said (paraphrasing) that he wants to avoid getting caught up in anything that involves his neighbour. Yes, in a very general sense we all have to conform to the act, but if he builds far enough away from the boundary then the party wall act has no relevance to his situation and he does not need his neighbours permission to build an extension.

MBQ

Reply to
manatbandq

True, but irrelevant. It's the depth of the neighbours foundations that apply. The nearest point of the neighbours structure may itself be a new extension with deeper foundations.

MBQ

Reply to
manatbandq

Yes, so it is up to them to determine what they will object to. If they're going to object on the boundary line, will they be any different at 30cm,

60cm? The law doesn't state what you can build without offending tetchy neighbours.

Once you've got planning permission, there's nothing they can do. As far as planning permission is concerned, they can object, but are unlikely to be successful unless they have a genuine concern or your application fails on its merits anyway. They can't object on the basis that they don't want you to do it. They have to claim that it will mean they are excessively overlooked or something, which is not possible if the extension has no side windows.

If there's going to be trouble, I'd just build on the boundary line anyway. Your neighbours are required by law to allow you, provided PP has been obtained. They are even required to let you access their land to maintain the building (i.e. repoint).

Christian.

Reply to
Christian McArdle

He never needs the neighbour's permission for the extension. The neighbour can withhold permission all he likes, and you can still build right up to the boundary line. You can even get an injuction allowing you to enter their land to do so under some circumstances.

Christian.

Reply to
Christian McArdle

Sorry, badly phrased again. I said as much in another part of the thread.

MBQ

Reply to
manatbandq

On Wed, 06 Jul 2005 23:38:20 +0100, a particular chimpanzee named nthng2snet randomly hit the keyboard and produced:

IANAPartyWallSurveyor, but a neighbour can't withhold permission (under the Party Wall Act) for an extension on your land, just ensure that it's constructed to avoid damage to his. See the info on the PWA on the ODPM site.

You would need his permission to carry out the building operation across your boundary, as well as for any gutters, eaves, etc. that hang over. This would be civil law, and I doubt would be on a gov. website.

Reply to
Hugo Nebula

There was a link to a party wall website which specialised in this stuff.I can't seem to find it . BTW I am not looking for the odpm site more of advice on how to deal with a neighbour who has built an extension over the boundry line( some years ago) and now is being a pain as my friend wants to build an extension using the 'new' party wall. And to add insult to injury he built it without any consultation or notice, now he's throwing the party wall act about.

Reply to
nthng2snet

uk.legal may also assist with legal aspects to this enquiry

formatting link

Reply to
SiGreen10

I wouldn't give you tuppence for uk.legal, but uk.legal.moderated might be a bit more productive. That's a *might*.

Reply to
Chris Bacon

This one?

formatting link

Reply to
Lobster

HomeOwnersHub website is not affiliated with any of the manufacturers or service providers discussed here. All logos and trade names are the property of their respective owners.