we own our property
They are still at the planning stage and not yet put in a planning application with the council. I understand that they will need to give us a party wall act notification within one month of the work going ahead. We would like to know our rights though before receiving this notification in order to put our case forward to them regarding compensating us for the work they want to do (if we give them permission) or whether we are able to prevent them from doing this.
In order for them to knock down the party wall and take off the roof we would need to remove everything from our garage and store it elsewhere. This includes work tools (which currently are hanging on our side of the party wall), expensive bikes, freezer, fridge and other normal garage storage etc. We also have a large pond behind the garage which is full of carp and all of the pump and filtration system is mounted on the inside wall of the garage so could possibly be damaged during the building work. The pond could also be contaminated by the building work and hence killing all of the fish (some of which are expensive kois).
My husband also works from home and so the building work generally would be a big problem regarding disruption etc.
They most certainly cannot remove the wall oryour roof without your consent
Ultimately, if you decide that you don't wantthem to knock down the party wall and the court agrees with you, they are facedwith putting their extension alongside the party wall. I will be honest withyou and think it unlikely that they would get consent to demolish the partywall completely because of the disruption this would cause. However strangethings sometimes happen in court and therefore I will tell you the following:...
If they did get court consent, the court cannotcompel you to let them remove your roof in the circumstances and they wouldhave to make arrangements to support the roof meanwhile and to ensure that yourbelongings were Safe and secure by paying to have them removed into storage attheir own cost. They would be responsible to put back into good ordereverything they remove and replace anything which is damaged in the removal. Iwould certainly want a timescale put on this.
I think they would be liable to pay youcompensation in respect of the disruption and in addition, I think they shouldhave to pay any travelling that you have to undertake to go and get things outof storage.
Any negotiation that you come to with regard tothem building a little extension for your garage is between you and them and itdepends on how valuable it is to them and how valuable it is to you.
Ultimately, I actually think that they havelittle chance of doing this without your consent and I think that a courtapplication is likely to fail because there is nothing wrong with the wall andit does not need replacing. They are not simply making holes in it to put beamsin which they could do under the terms of the party Wall act, they want toknock it down completely to facilitate their extension. I don't think the courtwould have any sympathy with that and it would expect them to make all thearrangements if the only reason they are wanting this is simply for convenienceor to make their own extension bigger.
It is different if this is a wall, for example ina loft conversion where steel beams are required to be put in because there isno alternative. Here, there is an alternative, they build their extension 6inches further over!
Does that answer the question? Can I assistfurther or answer any specific queries?
If you have not done already, please don't forget to positivelyrate my answer service even if it was not what you wanted to hear. You shouldnow see a series of buttons which enable you to rate my answer serviceformally.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. It doesn't give me, "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask.
The thread does remain open for me to answer follow-up questionsafter rating my answer service.Rating doesn't close the enquiry atall even though the site may give that impression. It remains open for you toread and ask for further clarification.Regards.
Thats helpful. Just to clarify though... their garage is attached to our garage via the party wall so to do their extension they need to knock their garage down and rebuild it which is why our garage would be affected. It would not be a matter of building their extension wall 6 cm further across. It would prevent them doing the extension altogether
Thanks for your advice
You obviously know the construction and I do not. I assume thatthese are houses linked by the garages and they want to demolish the centrewall to make it into a full width cavity wall to make it suitable to buildskywards.
If that is the case, my best friend did exactly the same.
However the neighbour got him to pay for all the legalities andgot him to agree that when they came to build their extension they could usethe centre wall that he paid for without consent and they could key theirbricks into his wall.
When they eventually built their extension, they only had to payfor a front wall, a back wall and roof and therefore they saved all the cost ofthe foundations for the new centre wall under the full height of the centrewall. That was a major benefit for the neighbours.
They had a flat roof on their garage which was 20 years old andlong past its sell by date and for the few years before they built theirextension he had the benefit of a new garage roof with new beams which wereactually suitable to provide the floor of his new extension when he actuallyhad it built!
Unless he had agreed to wall that, his extension which wasactually putting another floor on top of the garage was a nonstarter.
Or rather, he would have to have built the whole of his new "centre" wall on hisown land completely which would make the garage too narrow for a car. Not good
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).