What the Party Wall Act 1996 covers
The Party Wall Act 1996 sets out your rights and responsibilities when you want to carry out building work that affects a wall shared with a neighbour. It also applies to certain work near boundary lines and to excavations close to neighbouring buildings.
The Act creates a formal process for notifying neighbours about planned work and provides a way to resolve disagreements before they escalate. It applies in England and Wales but not in Scotland or Northern Ireland, where different rules govern these matters.
If you are planning work that falls under the Act, you will need to follow specific steps. Getting this right from the start can reduce the risk of delays and disputes, though some complications may still arise depending on individual circumstances.
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You must give formal written notice to affected neighbours before starting certain types of work. This applies whether you own or lease your property, and whether your neighbour is a freeholder or leaseholder.
Work that typically requires a party wall notice includes:
- Building a new wall on or at the boundary between two properties
- Cutting into a party wall to insert a beam or other structural support
- Raising, lowering or altering the thickness of a party wall
- Demolishing and rebuilding a party wall
- Underpinning a party wall or part of a building close to the boundary
- Excavating within three metres of a neighbouring building where the work goes deeper than that building's foundations, or within six metres if the excavation cuts below a 45 degree line drawn from the bottom of the neighbour's foundation
Minor work does not require notice. Drilling to fix shelves, plastering, or replacing sockets on your side of a party wall can usually go ahead without formality. The criterion for requiring notice is whether the work is likely to affect the structural integrity or function of the party wall, or your neighbour's property.
For structural alterations to existing party walls, you need to serve a party structure notice at least two months before you intend to start. For new walls built up to the boundary line and for excavation work, the minimum notice period is one month. The notice period begins once your neighbour acknowledges receipt or once a deemed delivery period has elapsed. The notice must describe the work in enough detail for your neighbour to understand what you are proposing.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
What happens after you serve notice
Your neighbour has 14 days to respond in writing. They can consent, meaning the work can proceed as described. If they do not reply within this period, or if they dissent, a dispute is deemed to have arisen under the Act.
A deemed dispute simply triggers the next stage of the process, which involves appointing a party wall surveyor. You and your neighbour can agree on a single surveyor to act for both of you, or each appoint your own. The surveyors then prepare a document called a party wall award.
The award records the condition of neighbouring property before work starts, sets out what work is permitted, and may include conditions about timing, access and how any damage will be put right. Both owners are bound by its terms.
Surveyor fees are usually paid by the person carrying out the work, though the surveyors may allocate costs differently where they consider it appropriate, for example where the neighbour benefits from the work or has contributed to the need for it.
Resolving disagreements
The surveyor process is designed to resolve party wall matters, though outcomes vary depending on the complexity of the work and the relationship between neighbours. If you disagree with a party wall award, you can appeal to the county court within 14 days of the date the award is served.
Starting work without following the proper notice procedure can lead to an injunction, and you may become liable for any damage caused. It is generally easier and cheaper to follow the process than to address problems afterwards.
The Royal Institution of Chartered Surveyors and the Pyramus and Thisbe Club both maintain lists of surveyors experienced in party wall matters, though you should verify current details before instructing anyone. GOV.UK provides template notices and explanatory booklets that can help you understand your obligations.
We plan to dissent to the party wall agreement, putting us in dispute, which will require a party wall surveyor who I hope will pick up on this. though despite my objection does the party wall surveyor have the power to allow my neighbour to come on to my land to build his extension including erecting scaffolding? as this is a new structure to which we have strongly objected, isn’t this trespassing?
We are happy to pay our builders estimate but not 3x times what it would costs according to neighbour’s surveyor (excessive amount).
For years we have been told the mould and damp is likely to be condensation which we have battled to control.
However because of recently discovering a leak through the plug in our shower which appeared to have rotted the interior of a stud wall. Once rebuilt and the area replastered we waited for it to dry, but it hasnt and three months on we've had damp proof company come amd do a survey.
We discovered neighbour A has a guttering down pipe that expels water directly into the soil, the shared walls bricks are soaking and this area coresponds to the big patches of wet we can see in out barlthroom, we have been told all the damp will be because the water is being soaked up through the wall. The mortar between the bricks where the wall meets the neighbours extension had broken down. He has had that re pointed but refuses to have the gutter downpipe rerouted to a drain. He doesn't accept that this is causing our issues. I sent him the report and the quote for tanking and water proofing the wall.
The other wall which adjoins this is my other neighboirs bathroom wall and we are not sure but believe they may have had a leak which was a contributing factor of the other issues in our bathroom. Again patches that after 3 months haven't dried out. But this neighbour has cut off the plumbing to the downstairs bathroom. But he isn't sure if it was leaking although suffering from mould akd damp in thier bathroom.
So long story but where do I stand legally, the cost for tanking is in excess of £3,000.
Can I expect neighbpurs to contribute on our shared wall? And what can I do to get them to remedy the cause of the wet patches, especially the neighbour funneling water into the spoil for the last 35plus years? We've got on with our neighbours for the 22 years we've lived here so really disappointed with reponse from them both.
Thanks for any advice.
My neighbour has built a media centre on our party wall, I have checked with my partner and no paperwork was received regarding any agreement, 95% of the time we do not notice however, on occasions the noise and vibrations are excessive and be heard in our living room.
We do not have a positive or negative relationship with them and have not had any dispute previously, would this be a party wall issue or a noise complaint? Both houses are shared ownership new builds.
7 years ago my neighbours came round to tell me they were building a conservatory on the back of their lounge and would be using a party wall (my dining room wall along the boundary with their garden) as one side of their conservatory.
I was told they were going to do this and they said they
only needed to tell me out of courtesy but I couldn't do anything about it.
I was uncertain about this at the time but I am a younger woman living alone and my neighbour is an older, ex professional, self righteous man, who I find quite intimidating.
I am now considering selling my home because he keeps climbing onto my dining room roof to clean his conservatoryroof and says he doesn't need permission to maintain his property. He is also drilling into my wall to attach trellis and grow plants, again he says it is his right.
I have since been told he should have served a Party wall notice to attach his conservatory to my dining room and I could have raised objections if I had any.
Can I get an award retrospectively? Can his conservatory devalue my home because it has effectively changed it from a detached into a semi detached property?
Having politely asked her on several occasions of the past, now 2 plus years, when she might be getting the wall re-painted, she has still completely ignored my requests, and because all the damage is on my side of the party wall extension and is not in her vision, it gets ignored.
I would just add that it is very frustrating because, whilst my nature is to always get on with neighbours, and have never had any problems in the 18 years I've lived in this house, this lady is the first to complain about the least little thing and has a very narsasistic personality, which makes it extremely difficult to discuss anything with her. I am all for negotiation and believe if people communicate a solution can always be found, but I am at a loss in this case as to how to proceed, having found that polite requests do not work.
I cant seem to find anything in the Party Wall Act to help me so any reply you can give would be much appreciated. Thank you.
I am on a semi detached house, recently got a new neighbour. They served a party wall notice for removing fire place. I already signed agreement as they promised.
After the work, I can hear adults talk and kids noise into my bedroom. I believe after demolishing their chimney and fire place not maintained properly.
Please advise how I can stop their noise issue. What are the legal rights I have. Any third party can investigate their work.
The boundary wall is immediately next to my neighbours driveway. I have tried to come up with an agreed solution but she is insisting on the 2 month party wall act agreement. Is this necessary?
Can anyone tell me if I have any legal rights to resolve this issue?
Their garage wall (on the outside/our land-walk way) has been left with about 4 bricked up posts along the wall which in turn make our walk way narrow in areas that we are unable to get ours bins or even a wheel burrow down.
Would we be able to knock down/remove these posts without having to ask the neighbours?
Our neighbour has put his property for sale now. What should I do now if he sold his house and disappear.
Quite simply if they are removing a chimney breast from a party wall then it is highly likely that it is notifiable under the PWA. There are a number of issues to consider when undertaking such structural works, as such you should try and speak to your neighbour and let them know you have concerns and request they cease works and serve you with a party wall notice.
Try and find a local reputable party wall surveyor, initial advice and guidance is normally free.
I am worried that this work could have consequences to the structure of my house.
Someone please advise?
Thank you
The terrace is on a slope which means that next door’s property is 3ft lower than mine (each property is ‘stepped up’ as the landscape inclines) and double storey extensions wouldn’t be permitted in the area due to right of light.
Do I need a party wall agreement for the 3inches of roof that encroach the party wall (note: the roof does not encroach on their land, just the width of the party wall)?
The new neighbours do not understand or speak English very well (purportedly). I believe they are under the impression that because they've issued a totally useless PWA that they will carry on demolishing these chimneys without structural supports or surveyors reports without our agreement.
What are my rights then. There were no searches or surveys done when they purchased the property.
He has served a party wall notice that he wants to remove his side of the stack. If we let him do it can party wall act force us to pay for it because he is saying it is on poor state because of our chimney breast removal. The removal of chimney breast took place before at least 17 years ago or more. we have been living in the current property for 9 years previuos neighbours never had any issues. this guy moved in 3.5 years ago. Any advice will be appreciated.
We are planning an extension to the rear of our property. We have issued a 3/6 metre party wall notice to our neighbours. They have just come back within the time frame dissenting the party wall and requesting they use their own independent surveyor. I asked if the would be happy to use their choice as an agreed surveyor to which they declined. Obviously to keep cost exposure low it would be beneficial if we could. Can we concur to their choice of surveyor and ask that they act on behalf of both parties even if our neighbours don’t want to?
Thanks in advance
The neighbour which had objected, is on the non adjoining wall. They feel we are too close to their boundary. The distance is actually my 2.8 mtr drive on which the two storey build will stand and their own 2.8 mtr driveway. Does the party wall agreement effect the driveways or is just the houses due to possible damage.
both my neighbour and myself are the freeholders of our separate flats and have "unofficial" roof terraces, at the back of our Victorian premises, that are above commercial premises. These are separated by a low party wall. The dividing line falls equally and centrally down the middle of the wall, following the vertical wall dividing our properties. My neighbour and his tenants have become intimidating and we have recently acquired a large dog, who we don't want jumping over this low wall.
I need a fence to reduce the intimidation, to increase my privacy and to prevent the dog coming to harm, or bothering the neighbours. If I erect a fence under 2 metres high I know I don't need planning permission, but is this ok to do as long as it is only on my side of the line? I was going to make sure it was 1.5cm inside of my side of the party line ie giving them a clear 50% of the low wall plus a 1.5cm gap before my fence ends, so that everything is definitely on my side
I now worry that the nails and trellis will cause the same problem eventually.
Can our neighbour drill into our wall - the wall we had to pay to repair?
Who is responsible for any damages or moisture that occurs due to this drilling?
Thank you.
i had a plumber check for a water leak on my side and nothing was found. I have had a surveyor look at this also and he is of the opinion that the neighbours dry lining has caused the problem and as he has in effect sealed off his side it has forced the problem through the wall into my property.
does the neighbours act of dry lining his property contravene the building regulations and how do i address the situation as i cant repair the ceiling . re-plaster the damaged walls or redecorate until the water problem has been solved. the damp situation is getting worse and causing more damage the longer it is left unaddressed
any advice would be gratefully received.
The neighbours want to raise the level of their garage roof. I assume I need a party wall agreement from them, but will they need planning permission?
The wall then connects to my side of a passageway that my neighbor has rights of passage and also to a brick build shed that is owned by me.
My neighbor has stated she does not want to wall altered in any way. Therefore I have proposed to screw wooden batons to each of my brick walls to secure the trellis and have it 'floating' and inch about the walls height'
It would be none permanent, and will not damage the wall, restrict any kind of access.
I just want some privacy from a very grumpy and nosey neighbor
Can I do this under the boundary wall act 1996. Do I need to serve a notice on my neighbor for this?
Thank you
Neighbour has partially removed the party wall to build a conservatory. On my deeds it says that i am responible for the party wall between the property's If I wanted to remove the rest of the party wall and put a 2 metre fence up could they take legal action? Would it be criminal damage?
Thanks
any ideas thanks.
Can I ask them to take it down and make right any damage caused by this being put up.
I'm at my wits end trying to find out how I stand on this.
Kim
Thanks
Ben
2 months after we had moved in the neighbours complained that the loft room is built 150mm over the boundary into there side of the loft. Now the want us to take down the party wall.
The pervious owner built the loft 11 years ago.
Can the neighbours take us to court and make us take the wall down?
We were never served with a notice so actually have no idea what they are doing, but it is becoming ridiculous. We think they are rewiring but again, no idea about the structural integrity of the wall, which is worrying. Do we have a right to ask for a)a proper inspection and b)an end date? He said it would be finished by Christmas but appears to still be in mid- stages.
Any advice? [I appreciate they have a right to do this work during the week days but as a teacher with a 5-year old, it is frustrating during half-terms, etc., especially if my son (or parents) are poorly.]
Thanks
She has asked me to chop the top off the fence! We have checked the deeds and the wall is hers. What rights do i have, if any as we have attached the fence to the wall???? Help please.......
I am considering getting a surveyor to get a report of what needs doing/what is each persons responsibilities, but is this the right way forward as I am expecting this in itself may be quite expensive for me. Advice appreciated. Thanks
Many thanks
I am looking for some advice on my rights as a tenant.
I have had no real issues with my private landlords in the nearly 9years I have lived where I do, but sometimes work does take a while to get done etc.
The one issue I am having just now is with my neighbour, who spoke with me about the loft space above my property. Our properties connect as they are terraced cottages. I said to her at the time that as far as I was aware there was a hatch in the wall space in the loft but it looks small, and it only leads to the space above my daughters room.....then there seems to be a solid wall. I said I would double check and I forgot to get back to her at the time as life got in the way. She never enquired again so there for I thought she had resolved the issue. She had apparently wanted to do some light fightings and wanted to know if the space above her living room was accessible from my loft.
She has taken it upon herself to get in contact with my landlords to enquire about the space. I spoke with her about this and said to her that I would have apprenticed her coming back to me instead of getting in contact with my landlords. She has now said its to see if she can access for loft insulation also. And my landlord is going to come out and have a look at the loft space.
I don't feel that it is unreasonable for it to have been me to speak with my landlord if we had seen there was access to her space. Also I don't feel that I should have to allow her access for work being done inside of her property.
I would appreciate if someone could tell me if I have to allow her to gain access if there is a way through to her loft space and can my landlord insist I allow builders access for work being done on someone else's property and not my own.
The neighbour got quite insulted that I questioned her about her speaking with my landlord but I do not feel it was right for her to do so!?
She is telling me now if the work needs done my landlord will be in touch with me to arrange access. I've told her this is unfair and regardless if it is a rented property or not it is my Home and I have the right to say who comes and goes. Especially when it is not work my landlord themselves is taking out.
Look forward to hearing back from someone.
Thanks
I am not sure if this guy is a registered builder or electrician or a heating engineer.
I dont know what to do because they are very arrogant people Iand I LIVE ON MY OWN.
(I DIDN'T KNOW ANYTHING ABOUT THE PARTY WALL ACT).
We were a linked detached house, by the garage and small brick shed and are now linked by a 10' deep extension on the back of this which traverses mine and my neighbours gable.
Last winter we noticed damp patches on the inside gable wall of our house which could possible be where the roof supports are and possible be touching the outside of our internal wall thus traversing the cavity.
Is it to late to take any action against the previous owner? And How do I do that? How do I prove that the building work is possible the cause? And if it is how is it rectified?
Would like to know my rights and any suggestions for the next step I should take.
He has told me that he wants me to paint his side of the wall when completed doI have to do this ?
For a security and safety point of view, we would like to put up a simple partition wall which the neighbours originally said they would pay half for. However, they are now saying that at one end, the wall would prevent them from accessing the roof or ceiling of the room below due to a lack of space caused by the angle of the roof. He said that if he did need to access this area, he would need to come onto my side of the loft. He said he also doesn't want any weight in the loft in case it causes the new plaster ceilings to crack, therefore we can't put the partition wall up.
Can someone please advise where I stand on this? We would really like to be able to use our loft for storage and so would want the partition wall, especially as the adjoining house is to be let out. Can we put the wall up on our side of the loft without his permission? Can he legally prevent us from doing it?
the side leads to the back of flats.
the council attached a gate before I bought the property and the constant use has caused cracking in the corner of the house. I have phoned the council to discuss but they have no record of the gate. I do not know how to track who owns this gate.
recently the landlord of the flats erected fencing to the back of the flats and has screwed timber fencing into my end property wall. I am concerned about the increased damage this will cause to my property. I spoke to the builder when I was awoken one morning to hear him drilling into my wall but he insisted the screws would not damage the wall and would not give me the landlords details so that I could discuss it further.
how can I track down the owners of the gates? can I get them to remove the posts fixed to my wall? and what are my rights if there has been damage caused by the council gate that was installed about 15 years ago?
Am iI within my rights to ask them to reinstate the missing wall and that its edge lines up with the boundary line?
Can someone offer some advice please?
My neighbor garden wall is attached to the column of my wall. I came home today and she had removed her entire garden wall which has damaged my column. I will need to render and repair the concrete column where she had removed here wall, resulting in a deep insertion left on my post.
What are my rights in relation to this matter please?
"A party structure notice shall cease to have effect if the work to which it relates has not begun within the period of twelve months beginning with the day on which the notice is served"
If you can make a new agreement that suits both you and your new neighbours that is fine. Now that the extension is already there - to any new neighbours its upkeep may be considered essential maintenance but you might need to seek legal advice to confirm this in terms of the access to neighbouring land act.
The wall looks a mess as it is partly brick and partly old crumbling render and I am sure the new owners will want to render it properly. Can they come over to do it under the Neighbouring properties Act; i.e. is it maintenance? Do we use the existing Party Wall Award? Do we need a new Party Wall Award? We need something as any work will involve blocking our driveway and chopping down our hedge, can they do that ? Please help. Thank you.
Where do I stand with this?
They complained recently of smoke smell from our flue. A CCTV survey showed their builders had knocked into our flue, narrowed it, and done a bad job of patching it up. No party-wall agreement; no asking, no notice. Grade II listed building.
I'm sure he said that when they had the chimney-breast removed they left an air brick in there for ventilation, but the only space left behind it - after they had their flue removed - would be the inside of our house. Can they do that? I know they're way out of line for the unauthorised messing-around in our flue, but I'd like to know where we stand wit the air vent before I talk to them.
i would to build a extension 3m in my garden
can my neighbour object to build the wall half by me and half by him
with a party wall agreement that he can use the wall when ever he want ?
Do I have to? As he has dug out on his side, shouldn't he pay? If I get it fixed and he digs out again, I will have to do it again.
The wall isn't unsafe, it takes my 18 stone and doesn't move, but I think it is my garden that holds it up/stops it falling further.
When he dug out the garden, he washed the mud down the rainwater drain that runs under the garages, this blocked (with mud) and the garages flooded, I had to pay for the drain to be unblocked as the manhole is on my drive.
When he re-felted and battened his side of the garage valleys, he went through the lead in the valley. That meant a 50:50 split to get that fixed, which I paid and then he complained to the builder and took ages to pay his half.
The position of the dish means it is not visible to me, unless I go into the garden and crane my neck! So from that point of view it doesn't bother me and I don't want to start off by being a moaning neighbour, generally believing in live and let live.
The dish is one of the small ones so I guess won't hurt the structure of the wall(?) but about 4 yrs ago I had to have that wall repaired at a cost of £3000 because it was leaning.
I don't want to have to spend more money for repairs neither do I want my neighbour to think it's ok to attach things to the wall without discussion.
Now, June 2016, I've had to get that internal corner replastered again as the damage has reoccurred (only worse!). I used a different builder this time, as alone, without any bathroom refit, etc, it was a smaller job. He's identified the cause as being the damp back garden wall that separates my garden from my neighbour's and leads up to both houses.
Whilst the internal plaster has been repaired the source of the issue (the garden wall) has not. So this will end up causing the intern damage again soon enough. The garden wall belongs to my neighbour, who has neglected his garden for years and so the damp has arisen from plant overgrowth etc. He's very reclusive and so my attempt to discuss this with him has not been successful.
If the garden wall continues to be neglected then the damp area will continue to spread further and further into my living room making the area that gets patched up every two years larger and larger. Which I simply can't manage to maintain. I need the source of the issue rectified. But as its a party wall and the right-hand-side garden wall which falls to his ownership to maintain I can't take matters into my hands (neither at this stage can I afford to). So I don't know what to do.
Any advice?
Can i ask her to move the wall and put back up the fence how it was. Do i legally have the right to ask her to do this.
My semi is council next door
The council are putting new roofs on
I find the split roof highly unsightly
The tiles on the roof are shared
As in the would have to tamper with my tiles to carry out the work
Do I have the right to refuse
As I find the split roof looks worse than the present roof
Thanks
The neighbouring semi claim they have no foundations on their house and that we need a party wall notice for any digging near their house: (1) digging fence post holes for a wooden fence on our land but within 3 meters of the neighbours house, (2) removing old patio (dig down about a foot (25cm) and replacing with new
The old fence is being moved on their request as it slightly encroached on their boundary but they don't want us to do any digging to secure the new posts.
The new wall did not 'marry' with the rest of the older wall exaggeratinga bulge in the older wall. We had been in discussions to get the rest of the wall rebuilt before it came down on our side. They were, again, prepared to organise this but we hadn't got very far with discussions before storm "Katie" brought the whole rest of the wall down in a huge explosion one night about two months ago.
The Collapsed wall destroyed a beautiful area of our garden which had mature rose bushes, mature hydrangeas, a plastic shed etc. our neighbours claimed responsibility as they had installed a fence above the wall which had "acted like a sail" in the wind bringing the wall down with it. The fence, it turned out, had not been given sufficient foundations either.
Our neighbours are part of a larger company that run homes for adults with learning difficulties, so there was a chain of command we were passed up through until the CFO agreed to organise and pay for the rebuild if a surveyor agreed their side were responsible. Our management agency instructed a surveyor, who did confirm the neighbours were responsible and after size weeks of living without a wall between our two sides, it was rebuilt to a high standard.
Now, it seems their insurers, who after the new wall was finished, sent round a loss adjuster who has thrown a spanner in the works. I don't know exactly what he has said, but now we have to wait to see if their insurers will still pay out for them.
My question is, are our neighbours liable to go some way in reinstating the part of our garden that was destroyed? replacing our shed? We are not talking large amounts of money and I assumed at least some goodwill on their part. We are about to put our flat on the market and that area of the garden is now barren because of this and because of the long delay they took in organising the rebuild, despite early on admitting responsibility and apologising for what happened as we have young children that could have been injured by the collapsed wall and, less seriously but still an annoyance, couldn't go into the garden for several weeks while the heavy stone wall debris lay collapsed.
Thanks for any opinions. Kind regards.
Advise please
We are planning an extension. I am not sure how to measure for excavation notice purposes.....
Basically our properties are detached, both facing east, when drawing a horizontal line our property sits slightly forward, neighbours' sits slightly behind ours, when looking from the side. Thus the area where we will excavate is slightly forward to where their wall ends. If a horizontal line is drawn it basically runs past their wall in front of it.
My question is...Are we technically missing their wall thus no excavation notice required under the party wall act/ or do we need to measure from the corner of their wall on a oblique line to where we will start excavating which lies forward?
Firstly we've told her that her workman can't do anything to our roof until we've spoke to him to understand what the problem is. She is very vague about what remedial work needs to be done.
How can she say the damage was caused by our previous owners if the roof only started leaking 12 months ago and Surely the damage has worsened over the last 18months because she hasn't fixed.
Can she honestly expect us to pay towards the repair?
At what point should we inform our buyers?
We were thinking that the planned remedial work doesn't affect our roof we say nothing as it isn't ours or their problem. But if it does affect our roof what is the correct process we should follow.?
My partner thinks her vagueness and timing are deliberate. Just after we moved in she told us our bathroom was leaking into her hallway and had been for months but the previous owners did nothing. We checked it out, got the leak fixed, replastered part of her hallway and gave her a voucher for redecorating.
They are saying without notices it voids there house insurance?
After reading up on party wall act i seem to think that i only have to issue a notice if im within 3m of next door and dig deeper than their foundations which i doubt we will and surely the building inspector will decide that when he comes out and we do go deeper we can then issue a notice also to eliminate not doing doing a line of junction notice how far from the boundary would we have to be?
The PWS has now made his final decision on repairs and while we agree that the damage needs to be put right, our neighbours have decided that they don't want our builders to fix said damage. Hence the PWS has stated an amount due to them as compensation.
Leading on from this we have a few questions.
1) The compensation set included VAT, yet our neighbours seem to be fixing the issues themselves. Should we therefore be expected to pay the VAT.
2) The works needed include the structure of their floor. As this is a structural issue, we are concerned they are doing the works themselves. Should we be?
3) The PWA states clear start and finish times for weekdays and limited works on wknds. They were adamant this was kept to when our builders were in, yet they seem to be completing the works at anytime, including Sundays and weekdays until 9.30pm
Any advice grately appreciated
Soaking when we looked after moving stuff we found the next door neighbour had put a window in the party wall that is looking into the lobby of the lean to so it is actually looking into our room!
Also their lean to is slightly higher and the window he has put in goes above the roofline of the leanto were were told flashing was problem checked the flashing was connected to the window
There was old lady living in house we want buy who suffered from dementia and they reckon it was put in to keep eye on her??
Estate agent said sign and do what you want after they have no chance in not builder or not sure about planning but I reckon what they have done is against planning laws
Should I of been served a party wall notice, to ask permission givin that they were working directly with the party wall ? & if so how long before they started the job ? & by whine should this notice of been served by please the neibour or contractor ?
The firm my insurance sent out state that the membrain on her roof should have been takin upto my Dorma which was not, when I have approached the subject that I should have been asked permission to touch the adjoining ridge tile & lead flashing on my Dorma , I was verbally abused by contractor starring no I should not have !
Any advice give is kindly accepted , my roof was full water tight & had storm damage back in Dec 14 were all my ridge tiles & lead flashing were all replaced & sorted , I did recieve a 10 yr Guarentee for the work but given It has been tampered with has now become void !
There is a small brick shed that is halved between us and our neighbours. We would like to remove our half but they would like to keep theirs. If by removing our half, the structure of their half is damaged or leaks, will this be our responsibility to pay for repairs?
Thank you.
We asked neighbour can we change his rotted fence, the party wall fence in back garden, dividing the gardens they said UTTERLY NOT.
They liked it & we were powerless to change it. It became nasty, with threats, & criminal conviction for assault, fearing this we had a duel brick wall built, 7" into our land, this was 7" into our land from the boundary line, to allow for 6" for side foundations, & 1" from his fence. The builder had to build it by his hand over the wall, as they would not give him access to build or point it.
They were told never to come into our 7" of land, and as soon as they moved their fence we wanted to put in a shared wood fence 2mtrs high, as is the same as their other side. They would not move their fence, & do not use the 7", so all was fine. Our only access is via steps to putt our hand over.
Then one day we returned, they have got rid of their fence, & put a row of these super grow trees up in pots upto the wall, so we let this go, later they moved them, & put in plant urns, & a bench, & refused to move them. Fearing adverse possession, we had police in a few times, they moved the stuff & later replaced the, we decided to paint the side facing their house with protective wall paint, & they called the police, I was arrested, & charged with criminal damage ??, we explained, that if you drilled sideways into the house Wall, within the 7" you would be in our kitchen, we own the wall, we paid for it, it was only there as they refused to let us build it on the boundary line. All on deaf ears, I am now awaiting court, told to keep off our wall, we cannot even lean over, or knock it down. we have to await CPS to decide ??.
Another twist, today we find, as we bought our house from council, we bought ours freehold, which is between the cavity wall of each terraced house up to the next.
Next door however only leases their land, not freehold. So again how can they claim land past what they basically rent from the council via long term leasing. The council cannot give them the 7" as the council sold it to us, cavity wall to cavity wall. council dont want to get involved, plans are not exact. police insist he owns the land, simply because the wall 7" into our land faces his house. His inspector said PC should never have got involved, but officer went on holiday. Factually if they put back the fence, we could not be charged with anything.
Its like painting yellow lines under your car with no warning, & then doing you
Land reg confirms no adverse possessions have ben put in, & basically the officer has stolen our land & given it to them, it might take 6 months to get it to criminal court. Its a farcical nightmare. we told police, if we fitted a oven fan & vented it, it would go into our 7" he said thats now tresspass he now owns the land. ??? he will arrest us on any complaint. worse, we cannot persue civil tresspass or other as pending crimal tress
The next-door neighbour served a Party Wall Notice only (but no plans etc) before the works started and we initially agreed. Work then started. His builders took down the existing Party Wall and re-built the wall higher (it is now 3 stories tall instead of two).
I have two questions. One concerns drainage from the roof of the new building where a hopper at the end of the gutter and a drainpipe is proposed to be on the gable wall which faces our property our side of the boundary to a point approx 10ft above ground level where it then dog-legs around the corner of my neighbour's new wall onto his side of the boundary and into a new drain.
Is this allowable that the hopper and drainpipe are on our side of the boundary before log-legging over the boundary fence and onto my neighbour's side of the boundary?
His builders have put in larger foundations in (by taking up part of our patio to do so) and have put a new drain in (to take the rainwater waste from the roof) which is just on my neighbour's side of the boundary. The base of his newly-built wall are on the same level as the base of our property.
My second question concerns the foundations for this new, larger, wall and the drain.
The newly-built party wall (and consequent foundation) is less than 6m from our property and we didn't receive any notice or plans detailing these works to be carried out, indeed we have not seen any plans from our neighbour or his builder - apart from an A4-sized "general view".
Should we have received a separate Party Structure Notice together with plans regarding these foundations as a line at 45-degrees from the foundations from our wall would intersect the new foundations as they are some 2m below the current ground level?
Any help/advice gratefully received.
property and is to within the confine of an existing lean-to extension to the adjoining property' I have no objection to the conservatory which will be timber framed but surely I should have been consulted over attachment to my kitchen wall. I have asked my neighbour how the roof will be finished and he said they will lift my roof tiles?? seriously is this allowed? I rent the cottage out so am so worried this will create more damp problems, of which we have many! I have emailed the local council but have not had a reply. Thank you.
The top bit of my neighobours wall was loose and recently fell down due to the wind damaging my main roof and kitchen roof (both were lower than the neighbours loose wall).
my neighbour has insurance on his house,would this cover the damage caused to mine ? And if not is there any options which i have to claim or reapair damage caused ?
Thanks
Our concerns began when we received a text from our neighbour last week saying that she had employed a builder from her neck of the woods to come up and re-slate next door (her second home) and that we should expect disruption for a few weeks.
Work started on 1/11/15, and being concerned that we knew nothing about the contractor other than he is not local, not vat registered and drives a small unmarked van, we took pictures of our roof, and the ceilings upstairs etc. before work began.
They have now, after a slow start begun work on the back extension and put plastic over the ridge to prevent rain from coming in. However, we note that they have damaged the first two courses of slates on our side, which must have happened when they took the ridge tiles off. Again, we have taken photo's of this and discussed it by phone with our neighbour. She said that she is sure they will put it right, when they put the ridge tiles back.
Our concern is what are our rights if they don't or they do not secure the slates properly or cause more damage on other sections of our roof, resulting in subsequent leaks and water damage?
Any advice to alleviate our concerns or point the way will be gratefully appreciated.
Both had roofs running down and ending at the point where they meet. This has a gutter to catch rain from both roofs and this drains into the neighbours garden.
After a long weekend away we have come home to find that the neighbours have had their garage re roofed. Only they have dropped the height of the roof where the two garages meet.
We now find that when we are in our garage we have a gap of at least one brick height and the afforementioned gutter is just sitting on top of the party wall. Thus leaving the garage open to all the elements and gaps big enough for animals to get through.
Should the builders have left the garage in such a position?
NOW! even though, they have had planning permission by the council (as we called to find this out) , we see that "they do not have a party wall agreement with us" My agent has said that he, nor my landlord have signed anything to allow these works to be completed. This is very unfair to our living lives as we are creating from home also. Can anyone advise us? Is there anything we can do to stop this continuing? What is so annoying is that we went away for one month, so thy could get this work done, and while we were away (did nothing) so now, i have been more than fair. If there is ANYTHING i can do to stop this I WILL please help???? Jude
dampness). This is why your neighbour's earlier works were not successful. Party walls don’t have ‘halves’, each owner is entitled to make use of the whole of the wall. You are therefore entitled to drill in to the full width of the wall to inject a damp-proof course (subject to serving notice of course) although it would be tricky to go any further than say ¾ of the way in without risking damage to the finishes on the opposite side. I would suggest that you either look to do something jointly with your neighbour or look at other damp-proofing options such as tanking"
My property is single story against the end gable wall of my neighbours. I understand that the now party wall is owned half and half as far as the height of my roof. However, there is a chimney breast the full height of my neighbours property with a single chimney pot.
Although now covered over during modernisation. there is a fireplace in my property with the steeped chimney breast within my property. The entire property was built around 1860.
When I bought the property in l982 the fireplace and fire grate was visible and I have photographic evidence of the fireplace - taken in 1987. A fire was lit around that time and the chimney in dispute carried the fumes from that fireplace.
The chimney breast obviously extends above my roof up to the top of my neighbours end wall with the single chimney pot centrally astride the wall.
For approximately 27 years I had a television aerial on that chimney breast without dispute from my neighbour. The aerial wasn't used for the latter part and I agreed for it to come down. Now after about a year I had need of it again and replaced it.
My neighbour objects and demands it is removed because he claims ownership of the chimney which I obviously dispute. Help please.
My offer on a property has been excepted and currently we are raising enquires. The estate agents have valued and listed the property as a semi detached house.
My property lies further forward to next door and from the front does not connect whatsoever. My garage is next to next doors drive way. My property has a one story extention built behind the garage and it is bein used as a utility room. What im concerned about is the fact the utility room is built up against next doors external wall to what is their garage.
Has the extension changed the house from a semi detached to a terrace or town house as it is built up agaisnt next doors external wall??
any advise would be helpfull as i dont really know what to do!!
Our neighbour is planning changes to his house which will involve shortening their kitchen utility room. There is an internal party wall between this and our house. By shortening the room, the internal party wall will become an external wall. What are the implications? Can we insist it is made rain proof? What it is needs damp-proofing?
Thanks!
I bought an old cottage (detached) a year ago and have just discovered the stairs which are built against an exterior wall are completely rotten. This is caused by the exterior wall being really damp. A friend who is a builder has said this is caused by the neighbor who has built a raised cement platform flush to the side of my house. This is going to cost a lot to replace the stairs and i don't like to think how much the wall is going to cost to remove the plaster, etc. Is he responsible for this cost?
Any help/advice would be wonderful!!
Great site ...many thanks
but would like to know what r my rights. If i have no fence between us then when our 2 big dogs keep going into her property she will have to put something up.
Apparently they weren't allowed access by the dear elderly lady next door to do the small roughly 10sqm wall that sits at the adjoining boundary. She was a bit poorly at the time so I didn't push it.
Sadly she passed away recently and I asked her son if the insulation firm could come back and finish the job off. He flat out refused. He said first there was the matter of access and secondly, he'd been advised by his solicitor not to allow it as it would only cause problems when he came to sell it which is what he's intending to do.
He said the wall was on the boundary already and installing the insulation would mean it would be sitting 9cm into their garden and any buyer might see that as a problem.
So I guess it won't be happening unless the new owners are more neighbourly.
Or any there any other options I could pursue?
We need to replace the roof (with one of a similar height) and put insulation and plasterboard on the shared wall. We will also need to dig up the screed floor to lay new flooring.
Is this something we will need party wall agreement for? We are not extending or changing the height of the structure at all. Thanks!
I'm mid terrace house with party 4ft breeze block wall between gardens.I own my house and adjoin council tenant. My neighbour arrived 18months ago and has put up 6foot fence all way down garden right next to my wall and conservatory. I was not asked before hand and now cannot see out conservatory windows which are privacy glass, its now very dark. I cannot get in gap to clean upvc or glass and wont be able to maintain my wall if needed. I thought a 2foot gap had to be left for maintenance of any party wall. My neighbour is now not talking to us, ive done nothing wrong! Can I get the panel size next to conservatory reduced? Thanks.
Thanks for coming back to me. Am I within my rights to ask if the builders have insurance?
She has stated at the end of the letter that her builders will make good any damage that occurs to my property but how do I know if they will do this. I do not have an agreement with them!!!!
Thanks
Many thanks
My property is higher than next door. My neighbour has dug out all of the foundations of my wall-possibly some years ago-to extend his carpark. There are now cracks in my house and my garden is moving downhill!
What to do? Insurance?
thank you
The property that l live in is higher than my neighbour. We have a block paved path which goes around the front of our house, down the side of our house and into the back garden. It has been there since we moved in to our new build 19yrs ago.
From the side of the path there is then a sloping grass bank down to the neighbours driveway.
Our neighbour is going to have a block paved driveway right up to the boundary. This means the complete removal of the grass bank.
Does our neighbour have to put in a retaining wall to support our path.
If he does not the pathway will sag.
Our neighbours are unapproachable. Therefore, l need to get my facts together before works start.
Please advise
Susan
Is it too late to give written notice, as the work has started? Not sure what we should do next.
they said yes. when they were coming to put up scaffolding he was alright about it she was not she ranted and raved you cannot talk to her all she does is rant and rave she comes from Poland .I do not want to claim ground al I eant to do is putsolid wall insulation on my house we do not need to go in her garden to do this can I do it as it is my wall.i do not want to pay for solicitors.
what are my rights
Our kitchen and that of the neighbours backs onto the cottage wall. The cottage is directly behind both properties, and part of the original structure at the bottom is the neighbours. Does this fall under the party wall act?
Is this a folly to consider such a project? Help/advice needed.
The local council / environment agency have cut a gauge in my garden bank to place a barrier ther, it is quite big maybe 5 inches wide by 5ft high... I was not informed or asked if this was ok to go ahead with .... Can they do this without my permission as I am worried that it might affect the structural integrity of my bank as it has collapsed twice aready.... The bank is included in my deeds... Any advice ...?
The wall lies within the boundary of the terrace and I wish to erect a brick garden fence in my property meeting the terrace end at 90 angle, there making a brick width touching the terrace
The owner of the terrace keeps saying to me I cannot build the garden wall within 2 ft of his property, that in the UK he owns the land above his foundations and within 2 ft of the wall
The title clearly shows his boundary to be within the building line on his side of the terrace end.
He keeps coming on to my property and moves my bins in I leave them near his wall and in turns places his bins in my property
Funny that a bin is roughly 2ft wide ....
What are your thoughts? I've tried talking to him but he reminds me he is a PhD fellow Christ College Cambridge and therefore 'knows' what he is doing
1) Does the boundary line start after my foundations?
2) Is exterior insulation & render considered as an essential repair under the Access to Neighbouring Land Act 1992?
I haven't asked the neighbours yet, but they hate my 3 chickens and have put up incredibly high fences both back and front to keep their very lovely property protected...so I am thinking their response will not be good. Am dreading it!!
Any advice you may have could save a whole lot of time.
Thanks in advance
We have neighbours with dementia who are impossible to deal with. They have attached their side gate to our adjoining timber fence. The unrestrained gate slams all day (neighbours are also deaf) and has loosened the palings, plus split one of the fence posts. On windy days the gate is blown open and slams, sometimes all night.
Is there a law against attaching gates to adjoining fences? Oddly enough these neighbours now want a new fence to rectify the damage their slamming gate has caused.
Please could you advise me whether this work would be subject to the Party Wall Act and whether neighbours have the right to object to this work.
I cannot find the answer to this question in the wording of the Act itself nor in any guidance notes. Thank you.
the wall needs repacing, my neigbour built a single brick wall on top.many years ago.
due to not getting on with neigbours I had a fence built on my side to block them out.
I just want to rebuild this wall to the height of my drive.neigbour would like to build on top again.
I'm not happy with this the builder won't do it. I keep asking them to put something on their side, they don't want to do this.both drives are narrow.
The deeds state they we both maintenance the wall.
if I repair my drive to stop it falling over am I liable if the wall falls down.
Please help me with the below as its driving me mad. I have lost all my motivation in finishing my diy.
Just purchased a detached house due to a bad neighbour in a sedi-detached. I paid this premium to avoid neighbour problems.
My house wall is on the boundary line so where my boundary ends his starts. I have had a look over the fence to make sure there is nothing attached to the wall.
It seems he has piled chopped wood against my wall and other junk also we have a gas fire and he has put a broken car bumper against the air-vent.
I am worried about damp problems as there is no air-flow where all the junk has been piled.
Can someone please help can he put stuff against my wall and get that close ? I have not said anything yet but im getting quite angry.
Many many thanks
Party wall notice on us. This was in 2012. Work carried out and she returned to live Christmas 2012 .
We now want to down size and move as 2 and a bit years have elapsed. Do we have to tell the new buyers of our property and is there a time limit still on the Party Wall.i
Our garden is adjacent to their extension and has not been an issue until now,
Now they are saying they have damp.
1. As they built up to the boundary what are their rights?
2. They want me to dig up our garden so they can build a new wall to stop the damp. This would be in our garden . So in essence they want us to give up part of our garden because they built up to the boundary .
What are the rights on this?
The part of the wall I don't want rendered will only effect our house. It's sort of the opposite problem to @Cool_breeze :-)
We will speak to them (they are away currently) and see what they have to say, but it rather seems they have no interest in protecting our rights and property - their new roof basically overhangs our land and digging out our foundations in conjunction with all the underpinning work in the immediate area is surely beyond cavalier. They have spent an awful lot of money and doubtless will be extremely reluctant to rectify matters - the builders are on to fitting kitchen and light fittings etc. It's quite bizarre as they are both professionals (lawyer and accountant) and the work has been done in Green Belt/AONB without planning permission or building control... By coincidence I had an architect and a builder visiting yesterday and showed them the situation and they were firmly of the view we should have been served a party wall notice and recommended we instruct solictors.
it will be 3 stories high. It will greatly effect the amount of light into our kitchen and rear bedrooms and directly overlook our rear yard. can we object to this developement successfully ?thank you Gary Walker
What can I do to get my neighbour to remove the construction in order that my roughcast can dry after it rains and not cause me damp again?
I really would appreciate help re this.
Jan
I have now been informed that she will cut her roof flashing into my wall to seal the extension, thus giving the impression that my house is now a semi-detached housed.
Can I stop her from cutting into my house wall to seal the roof flashing?
Regards
Keith
Last night I had an issue with a neighbor who was hammering carpet grips on to their staircase (bare boards) up to 830pm this had been proceeded by other DIY noise for some time. (This is a party wall as I am mid link)
As my children were in bed and being kept awake by the noise I went around to ask if they could keep the noise down as my children were trying to sleep and was informed with attitude “I have until 11pm to do this” is this correct? if not what is the LAW with regards to time that noisy DIY can be carried out.
Thank you
Please can you tell me how you got on in your situation and what the outcome was?
Thank you very much
Del
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