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My next door neighbour gave verbal consent to me having a…

Hi My next door neighbour gave...
Hi
My next door neighbour gave verbal consent to me having a cantalivered scaffolding over their garage roof in order for me to erect a 2 storey extension.
Half way through the build, bottom half all done, the scaffolders turned up and she refused to let anything on her side.
I'm not stuck with a half done conversion. Any ideas where I stand please?
Thanks
James
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Answered in 9 hours by:
9/12/2017
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if you are building along the boundary line or excavating within 3m of any of her building(s)?
  2. Have you served a party wall notice on your neighbour prior to commencing the building work?
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Customer reply replied 10 months ago
HiWe are not on the boundary line but are within 3m.She has a garage that is right on the boundary line. My wall is about 5cm from the boundary.ThanksJames
Customer reply replied 10 months ago
I haven't served a party wall notice as we are not touching any party wall etc.Please see attached pic. Mine is the new wall on the left as you look at it, my neighbours is on the right with the white garage door.The gap is on my side as her wall is on the boundary, in fact the footings for her garage are about 8-10cm on my property.Thanks
Customer reply replied 10 months ago
Thanks

Many thanks. Apologies for the delay in reverting to you - I had to take a phone call. The position here is that the works you are carrying out would appear to fall to be subject to the Party Wall act because you are or have been excavating within 3 m of her building. the party Wall act does not just cover works which involve work on a shared party wall but also where you are excavating within 3 m of a neighbours building or 6 m of a neighbours building where you are digging deeper than their foundations. This creates both good and bad news:

The good news is that the party Wall act provides for a right of access to her land either with or without her consent and will enable you to enter onto her land in order to gain access to enable you to complete your works. without this component in the party Wall act, there is no right to enter onto her land without your neighbours consent unless you have a specific express right in your title deeds which is probably unlikely. There are rights under a piece of legislation known as the access to neighbouring land act but these rates only extended safaris maintenance is required and do not cover improvements or building works therefore the party Wall act is you are only way to force access so it is as well that the works appear to be covered by the party wall act.

the bad news is of course that already serve the party will notice, in order to gain rights under the party Wall act, you will need to do so and this will create delay at this stage and potential expense if your neighbour insists upon the appointment of the party wall surveyor.

Ideally therefore, if you can reach an understanding with your neighbour including potentially a compromise where your neighbour has genuine concerns such as damage to her property (for example an offer to make good any damage caused). You could even consider offering to improve something for her as a gesture of goodwill - this may be cheaper and quicker than going down the Party Wall Act approach even if it costs you a little money to make the offer) this would likely be the better approach as any other approach is likely to at the lease cause not insignificant delay and hence cost.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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Customer reply replied 10 months ago
HiThanks for the reply.1) What part of the party wall act cover this please?I thought it only covered essential repairs and maintenance and not building an extension.2) how do I serve a party wall notice and can I do it myself?Thanks

s6 PWA: https://www.legislation.gov.uk/ukpga/1996/40/section/6

PWA covers excavations that happen within 3m of neighbours building and even within 6m if digging lower than their foundations.

You would need to serve a s6 notice under the PWA. There is no reason you cannot do this yourself or I would be happy to assist you in serving a notice if you are unable to reach agreement with your neighbour. The obvious difficulty is you will have to put off your contractors for a period until you can obtain agreement under the PWA notice or a party wall award to force access if you are proceeding under the PWA route.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

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Customer reply replied 10 months ago
How much would you charge to serve it. Is it just something you give to the neighbour or is it lodged at a court or somewhere?Thanks

May I send you an offer in this respect? There is no obligation to accept of course - it is entirely optional.

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Customer reply replied 10 months ago
HiWhat is it exactly. Is it just a letter I pop through her door or an official form?Does it get registered anywhere?And how long will it take you to do?Thanks

Its a statutory notice but it is essentailly just a piece of paper that you put through her door. It doesn't have to be registered anywhere - you just kee a copy and note the date you post it throuh her postbox. I can look at it this afternoon if you would like it done quickly.

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Customer reply replied 10 months ago
Ok can you send me the offer again please

No problem

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Customer reply replied 10 months ago
HiIt's not letting me click the accept button. I'll try when I get home in a few hours.

I'm very sorry it is not working. Could you confim your email address?

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Property Law Specialists are ready to help you
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Customer reply replied 10 months ago
HiHow long will it take to do please?

Many thanks for accepting the above offer. Could I ask that you drop me an email (my email should appear above). I will need a little information from you and can then draft the relevant notice. I look forward to hearing from you.

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Customer reply replied 10 months ago
Just emailed you
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