DIY Doctor UK DIY Forums

HI there

I am looking for any advice at all please.

We had a loft conversion 10 years ago and were told by the builder we did not need planning permission,fire doors etc as not being used as a bedroom.We had a fixed staircase fitted to the party wall. (At that time was unaware of the party wall notice)

We have just put our house on the market a couple of months ago and our neighbour has now looked at the details and seen we have a fixed staircase.

We do not speak to her and had lots of trouble with her. She also fell out with her other neighbour and tried to stop them having a garage built but the council overuled her.

She has sent a letter round asking us to remove the staircase.

We have had the council round and he has said it is not in his power to get us to take it down. He has also said regarding the loft yes we should have had building regulations but it is far too long ago now to do anything.

We do not use the loft as a bedroom and are not selling it as a bedroom but wondering if she had any power to make us take the staircase down.

She has also now said after all these years there is noise created. When in actual fact we do not use it. She is not the sort of neighbour not to say anything as even came round one morning when we were hoovering at 9am and said it was too early.So quite confused as why she is mentioning it now.

Thanks for any help.

Hi

At the time the work was being carried out your neighbour could have insisted that the staircase was fitted in such a way that it did not have any structural effect on the party wall. She could not have stopped you from carrying out the work unless she served a court injunction. Now ten years or more on, she would find it impossible to take any action at all especially if she has not complained in all that time.

I would write back to her and state that the staircase is independant from the party wall (i.e. not directly fixed to it) and did not require any form of party wall agreement. That is why, as I suspect, she as not had any foot traffic noise from the stairs. (So ok it may have a few 75mm screws in the wall, but that would mean that every cupboard, mirror etc would need consent and that is not the case.)

Building Control can only take enforcement action upto 2 years from when the work was carried out. If your buyer's solicitor insists on regs approval ask you LABC to write a letter stating that no enforcemnet action will be taken.

Hi there

Thanks so much for taking the time to answer my post. It has helped and reassured me so much .

At the time the work was being carried out your neighbour could have insisted that the staircase wast h fitted in such a way that it did not have any structural effect on the party wall. She could not have stopped you from carrying out the work unless she served a court injunction. Now ten years or more on, she would find it impossible to take any action at all especially if she has not complained in all that time.

I would write back to her and state that the staircase is independant from the party wall (i.e. not directly fixed to it) and did not require any form of party wall agreement. That is why, as I suspect, she as not had any foot traffic noise from the stairs. (So ok it may have a few 75mm screws in the wall, but that would mean that every cupboard, mirror etc would need consent and that is not the case.)

Building Control can only take enforcement action upto 2 years from when the work was carried out. If your buyer's solicitor insists on regs approval ask you LABC to write a letter stating that no enforcemnet action will be taken.[/quote]