They most certainly cannot remove the wall or
your roof without your consent
Ultimately, if you decide that you don't want
them to knock down the party wall and the court agrees with you, they are faced
with putting their extension alongside the party wall. I will be honest with
you and think it unlikely that they would get consent to demolish the party
wall completely because of the disruption this would cause. However strange
things sometimes happen in court and therefore I will tell you the following:...
If they did get court consent, the court cannot
compel you to let them remove your roof in the circumstances and they would
have to make arrangements to support the roof meanwhile and to ensure that your
belongings were Safe and secure by paying to have them removed into storage at
their own cost. They would be responsible to put back into good order
everything they remove and replace anything which is damaged in the removal. I
would certainly want a timescale put on this.
I think they would be liable to pay you
compensation in respect of the disruption and in addition, I think they should
have to pay any travelling that you have to undertake to go and get things out
Any negotiation that you come to with regard to
them building a little extension for your garage is between you and them and it
depends on how valuable it is to them and how valuable it is to you.
Ultimately, I actually think that they have
little chance of doing this without your consent and I think that a court
application is likely to fail because there is nothing wrong with the wall and
it does not need replacing. They are not simply making holes in it to put beams
in which they could do under the terms of the party Wall act, they want to
knock it down completely to facilitate their extension. I don't think the court
would have any sympathy with that and it would expect them to make all the
arrangements if the only reason they are wanting this is simply for convenience
or to make their own extension bigger.
It is different if this is a wall, for example in
a loft conversion where steel beams are required to be put in because there is
no alternative. Here, there is an alternative, they build their extension 6
inches further over!
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