Extension is being built over my side of the Party Wall If you want to know how your DIY projects could be affected by building and planning regulations, click here to post questions and view answers

[Zuperfella]

Hi,

I viewed the on-line plans for my neighbours' loft conversion submitted to Kent Council and they were AOK. I was served a 'Party Wall Notice' and signed this as this tied in with the plans showing there'd be no intrusion on the boundary line.

However, I've just arrived back and the frame of the Dormer extension already extends 3" over my side of the chimney stack and roof, (thus I guess this will be at least 4" when cladded and finished).

I'm leaving the UK again in about an hour but have internet access to view any replies.

What can I do? I fear the incursion across my roof will devalue my house and it's my children's inheritence, etc. etc.

Thanks,

Warren

[welsh brickie]

call the planning officerAt the council, He wont let it pass if its on your property,also the building inspector has to check it anyway, if its bigger than whats on the plans he will make them alter it

[xavi99]

Can you not speak to your neighbour first to make them aware of the matter.

If not then try the planning officer, because it sounds like it is not being built to the pp.

Failing that you may have to enage your own surveyor who can advise you more fully on your rights under the party wall act and future action.

Finally, do you get any free legal advise through any of your insurance policies. If so then call them.

Good luck.

99

[Zuperfella]

Thanks for the guidance.

I've emailed and called the Planning Officer and am waiting for him to get back to me. I also called the 'Planning Team' who said that because I'd signed a 'Party Structure Notice' there was nothing I could do! To give the person at the end of the phone credit they politely listened as I explained to them that a Section 2 PSN related to using/tinkering with the existing Party Wall, whereas building astride the PW was actually covered by Section 1, and thus a different kettle of fish entirely, (not to mention the deviation from the approved plans!). Maybe I got through the the person who makes the tea??? :D Anyway, they transferred me to the PO's answer phone again...So maybe I'll hear back tomorrow!

However I managed to catch the buiding firm's owner and he told me that they were "well within the line". Then after I cheerfully suggested that it really didn't look like it was, I was told that the chimney stack that I was using to gauge the alignment had actually been built 9" off centre... *chuckles to self at the thought I was born yesterday*... As I'm a friendly soul I was respectful in pointing out the houses are very square and only 44yrs old that such an error would be really, really, 'odd' and said I'd believe him and walk away if he was REALLY, REALLY sure!?! To give the builder full credit he came in my garden and we had a very amicable chat... The upshot was he fully conceded that it was well over the party wall/boundary and he offered to move everything back and said he was pleased I'd raised it now, and not once everything was finished. Reading between the lines I guess that either (i) he knew he'd been chancing it and was being equally polite, or (ii) his eager chaps had got carried away and his eye was off the ball in keeping a handle on things.

I like to believe it was the latter :D However, as I'm equally well meaning (and as it's good to get on with the neighbours!), I said I'm happy to leave the front as-is, (where there'll be a 2" incursion over my side which won't notice too much), but asked if he could chop the eaves back at the rear as far as he safely dare, (where the intrusion can be made to be less obvious owing to optical illusions with mortar lines on the chimney breast). So there will still be an overhang over my boundary, but one I think/hope wouldn't be noticed by a Surveyor, doing a quick once over if I'm selling.

... The trouble is now I'm gonna feel really bad if the PO says it has to move, as I feel I've made a "Gentleman's Agreement" with the builder :o(

(n.b. Today, after a better look, I'd estimate the Fascia was going to overhang my side by 6", not 4")