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Party Wall agreement (New garage)

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chris-red
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PostPosted: 16:21 - 30 Jan 2018    Post subject: Party Wall agreement (New garage) Reply with quote

Anyone have any experience of this? I'm getting a garage built at the bottom of my Garden. The back of my garden is a wood fence. Which buts up to another houses' Driveway.

My plan was to have the the back wall of the garage replace the fence. My architect (a mate doing me a massive favour) says I will need a party wall agreement. A quick google suggests this could cost £1-2k!

Fuck that. It would be cheaper to move the garage forward a foot and put a fence up. I'm friendly with the guy behind me I have had a chat with him about it and he says a he would prefer a wall.

I thinking about fucking off the party wall agreement or knocking something up myself. It seems to be more aimed at houses/extensions butting up against each other, rather than a garage wall against a driveway.

Does anyone have any experience with them?

Pics...

https://i.imgur.com/DxTBBnM.png

Fence is question on the left

https://i.imgur.com/hU8z6rU.jpg

The new driveway (The council dry bummed me to do that)


https://i.imgur.com/uhG1Hbw.jpg


https://i.imgur.com/uHtHYWz.jpg

Renders of the garage design.

It will be a decent size. 3.9m x 5.7m x 5.5m x 6.3m Cool [/list]
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stephen_o
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PostPosted: 16:28 - 30 Jan 2018    Post subject: Reply with quote

Do you own the house and land or rent it? If you own it the title deeds and plan will specify which boundaries are your liability. If you are liable for the boundary where the garage is going then I see no issue in you replacing a fence with a garage wall on the boundary. If however it is someone elses liability then yes you will need a party wall agreement as you will be taking responsibility for that part of the boundary.
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Tracey Suntan-King
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PostPosted: 16:30 - 30 Jan 2018    Post subject: Reply with quote

Pyramus & Thysbe innit

https://www.partywalls.org.uk/party_walls_etc_act_explanatory


HTH Thumbs Up Thumbs Up
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chris-red
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PostPosted: 17:43 - 30 Jan 2018    Post subject: Reply with quote

stephen_o wrote:
Do you own the house and land or rent it? If you own it the title deeds and plan will specify which boundaries are your liability. If you are liable for the boundary where the garage is going then I see no issue in you replacing a fence with a garage wall on the boundary. If however it is someone elses liability then yes you will need a party wall agreement as you will be taking responsibility for that part of the boundary.


I own it The fence at the back is mine but the PWA as I understand it is for things like access for repairs because I would need to go onto his driveway to see the back of my wall.
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Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Rogerborg
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PostPosted: 18:32 - 30 Jan 2018    Post subject: Reply with quote

Tracey Suntan-King wrote:
[Day job fax]

Hypothetically, if OP wants a garage, and his neighbour is fine with him putting up a garage, and he puts up a garage, what's the practical problem? Hypothetically

I know that neighbours can change, but when the Scummingtons move in next door, that garage has always been there, mate.
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Nobby the Bastard
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PostPosted: 18:38 - 30 Jan 2018    Post subject: Reply with quote

chris-red wrote:

I own it The fence at the back is mine but the PWA as I understand it is for things like access for repairs because I would need to go onto his driveway to see the back of my wall.


Wouldn't you have the same problem with the fence?
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Diggs
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PostPosted: 19:01 - 30 Jan 2018    Post subject: Reply with quote

Absolute nightmare if you let it be. You have two options:

1. Employ a suitably qualified Party Wall Surveyor to advise, and hope that it doesn't go to a dispute because you as developer will have to pay all his/her costs. You will be looking at in the region of £100 & VAT per hour.

2. Ignore the Party Wall Act and make sure that whatever you build, the footing is wholly on your land. If your neighbour would prefer a wall, then all should be sweet unless you fall out or he moves and the new owner decides that your wall is having an impact upon his property.

Option No. 1 is what I would advise if you were a Client because it is in your interests to protect yourself, and in mine to avoid a claim for negligence by not doing so.

Option No. 2 is what I would advise a mate in the pub, because it doesn't cost anything unless people fall out or a canny Solicitor picks it up on a conveyance.

If you want to understand what a nightmare the Party Wall Act is, read on:

https://www.gov.uk/guidance/party-wall-etc-act-1996-guidance
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Pete.
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PostPosted: 20:05 - 30 Jan 2018    Post subject: Reply with quote

We worked on a project recently where the owner of a big West London house put in a new basement. When they dug down they found that the owners of the adjoining building had done their own basement by employing and under-pinning contractor, who dug under the foundations, as they do, and filled with concrete.

The problem was that they had under-mined the next door property and they not only had to pay the party wall dispute costs but also the cost of diamond wire sawing the over-spill concrete. The bill total was a 6 figure number.

For a garage I would go round and talk to the neighbours. Tell them about your proposed 'improvements', show them a sketch, ask them what they think and if they aren't happy about something ask them what they would like to see. You can get some miserable sods but a most people would be happy with something that makes their own property appear more desirable, such as a nice tidy looking new garage.
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Pete.
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PostPosted: 00:23 - 31 Jan 2018    Post subject: Reply with quote

TBH looking at your mock-up pics if I were a neighbour the only thing that might give me pause for concern is the down-pipe right on the corner adjacent to my block paving. Since the tarmac is already down where's the run-off from the roof going to soak away to?
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thx1138
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PostPosted: 00:51 - 31 Jan 2018    Post subject: Reply with quote

you might be able to get half hours free advise from a chartered surveyor via RICS. Question

https://www.rics.org/uk/footer/contact-us/rics-consumer-helplines/


Party walls
We can give advice on party walls (walls shared with neighbours) to homeowners and landlords who are unsure of their rights and responsibilities. If you are planning to carry out any building work on your property (e.g. extensions, damp proofing works, structural alterations), you must ensure you are complying with the Party Wall etc Act 1996.

Call +44 (0)24 7686 8555 and you will be put in touch with an RICS member local to you, willing to provide a free 30-minute initial consultation.
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stinkwheel
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PostPosted: 01:21 - 31 Jan 2018    Post subject: Reply with quote

Despite being in a terrace. I own all the walls bounding my property on all four sides. Says so and is drawn so in the deeds. They at least did something right when they sold off the council houses by anticipating the potential for extreme pettiness in theri new homeowners and making everything crystal clear from the outset.
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MCN
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PostPosted: 08:17 - 31 Jan 2018    Post subject: Reply with quote

You could call your local Cooncil and ask them. It is free.. Smile

Or ask a solicitor. First meeting is 'normally' free too.

You cheapskate.. Smile
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arry
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PostPosted: 08:56 - 31 Jan 2018    Post subject: Reply with quote

Pete. wrote:
You can get some miserable sods but a most people would be happy with something that makes their own property appear more desirable, such as a nice tidy looking new garage.


Except when it's full of revbombing deathmachines Laughing
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Diggs
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PostPosted: 09:48 - 31 Jan 2018    Post subject: Reply with quote

MCN:

Council Officers are unlikely to comment on the Party Wall Act. Its not the T & CP Act nor is it something a Building Inspector would get involved in. They are more likely to suggest that you speak to a Party Wall Surveyor.

Solicitors won't answer a question for free - not a sustainable business model. If somebody does get a free half hour, the Solicitor will make sure the potential Client goes away with more questions than answers.

Likewise the suggestion that one can get a free half hour with a RICS Surveyor. Unless the matter is so straightforward that there is no point in trying to reel the potential Client in, a Surveyor will leave the individual 'needing' paid services. Again, to give free advice to the point where a potential Client can resolve a matter on their own isn't a sustainable business model.

It is a very fine balance between helping somebody to the point that they walk away thinking what a fine chap you are and don't come back, and helping them enough so they understand that further (paid) assistance is necessary, and that you are just the person to give it....
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chris-red
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PostPosted: 11:07 - 31 Jan 2018    Post subject: Reply with quote

Nobby the Bastard wrote:
chris-red wrote:

I own it The fence at the back is mine but the PWA as I understand it is for things like access for repairs because I would need to go onto his driveway to see the back of my wall.


Wouldn't you have the same problem with the fence?


Explicitly exempt

Quote:
1. Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building
don’t form part of a building, such as a garden wall (not wooden fences)
Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

____________________
Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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chris-red
Have you considered a TDM?



Joined: 21 Sep 2005
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PostPosted: 11:10 - 31 Jan 2018    Post subject: Reply with quote

Pete. wrote:
TBH looking at your mock-up pics if I were a neighbour the only thing that might give me pause for concern is the down-pipe right on the corner adjacent to my block paving. Since the tarmac is already down where's the run-off from the roof going to soak away to?


Good point, I'll ask him to switch it to the other side.
____________________
Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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chris-red
Have you considered a TDM?



Joined: 21 Sep 2005
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PostPosted: 11:17 - 31 Jan 2018    Post subject: Reply with quote

MCN wrote:
You could call your local Cooncil and ask them. It is free.. Smile

Or ask a solicitor. First meeting is 'normally' free too.

You cheapskate.. Smile


I want to be cheap where I can.

I HAD a budget of £20k to do the garage and sort the garden. That quickly turned into £16k because of life. The Council dry bummed me for £2.2k to tarmac that corner. So now we are at about £14k to build and hopefully have enough left to put up a new fence(I will do that myself.)

The thought of spending £1-2k on paperwork to build a wall on my land that my neighbour is happy with makes me feels physically sick. Laughing
____________________
Well, you know what they say. If you want to save the world, you have to push a few old ladies down the stairs.
Skudd:- Perhaps she just thinks you are a window licker and is being nice just in case she becomes another Jill Dando.
WANTED:- Fujinon (Fuji) M42 (Screw on) lenses, let me know if you have anything.
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Rogerborg
nimbA



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PostPosted: 11:59 - 31 Jan 2018    Post subject: Reply with quote

Such pessimism. The chap across the road from my dad got planning permission for a loft-and-garage conversion. When... someone... pointed out to them that he'd also built the best part of an extra house round the back, he was told that he'd have to knock it down, at his cost, or else.

The cunning chap weaselled out of it completely by stalling for years and then finally topping himself, and that was them flummoxed.
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Diggs
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PostPosted: 13:28 - 31 Jan 2018    Post subject: Reply with quote

Topping one's self is a fine stalling tactic (and the ultimate 'exit strategy' for the toppee), but it will not prevent Enforcement Action should the LPA wish to pursue the matter with the gentleman's estate.

If it were the case that an untimely death prevented enforcement action, they'd all be doing it....
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Rogerborg
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PostPosted: 14:11 - 31 Jan 2018    Post subject: Reply with quote

Yehbut, is he bovvered?
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groovylee
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PostPosted: 14:18 - 31 Jan 2018    Post subject: Reply with quote

when i did my extension, i did my own party wall agreement and just asked my neighbour to sign it.

i'll see if i can dig it out Thumbs Up
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MCN
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PostPosted: 14:42 - 31 Jan 2018    Post subject: Reply with quote

Citizen's Advice?
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MCN
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PostPosted: 14:45 - 31 Jan 2018    Post subject: Reply with quote

Diggs wrote:
MCN:

Council Officers are unlikely to comment on the Party Wall Act. Its not the T & CP Act nor is it something a Building Inspector would get involved in. They are more likely to suggest that you speak to a Party Wall Surveyor.

Solicitors won't answer a question for free - not a sustainable business model. If somebody does get a free half hour, the Solicitor will make sure the potential Client goes away with more questions than answers.

Likewise the suggestion that one can get a free half hour with a RICS Surveyor. Unless the matter is so straightforward that there is no point in trying to reel the potential Client in, a Surveyor will leave the individual 'needing' paid services. Again, to give free advice to the point where a potential Client can resolve a matter on their own isn't a sustainable business model.

It is a very fine balance between helping somebody to the point that they walk away thinking what a fine chap you are and don't come back, and helping them enough so they understand that further (paid) assistance is necessary, and that you are just the person to give it....


Awaaaaaay......

Rolling Eyes

I am not a solicitor or a cooncil worker, I live on/in/around t'Internet,
I offer free advice.

If you want more substantial advice then I will proffer that for a fee.

Very Happy
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Rogerborg
nimbA



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PostPosted: 15:09 - 31 Jan 2018    Post subject: Reply with quote

MCN wrote:
I am not a solicitor or a cooncil worker, I live on/in/around t'Internet,
I offer free advice.

Have you considered not?




Living, I mean.
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thx1138
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PostPosted: 16:26 - 31 Jan 2018    Post subject: Reply with quote

MCN wrote:
Citizen's Advice?


I used to work for them, at best if they are on the ball, will just give the info that others, including myself, have already linked to in the thread. At worst, they will get it wrong, and say they can't help at all. IMHO.
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