Extension wall built too close?

by Readers Question

13:34 PM, 19th October 2020
About 3 months ago

Extension wall built too close?

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Extension wall built too close?

Hi, I own a 4 bed detached on a street built in the 60’s. On facing the houses each has a path of about 6ft between them BUT the path is owned by the house to the right up to the walls of the house to the left..

My neighbour has built a wrap round extension (no issue) BUT he has now started to build a wall (which I think is going to actually turn into a storage area the length of his house) which abuts right up to the exterior wall of my property. He has left just a tiny gap (around 2cm) but this means that if I have issues with this wall (ie damp) or want t0 to repaint it I cannot get to it at all. I had been hoping to re-render it in the next 2 years but this will be impossible.

I am aware of what he has done because I know the builder who rang me and told me what was happening and the builder said he had told the houseowner he could not attach any structure to my wall without my permission which is why there is the tiny gap. I had this issue with his grandfather who previously owned the house who had built a lean-to over this path physically attached to my wall and was storing items against my wall which caused damp issues and on the threat of legal action at that time meant he removed the wall.

However, the latest works are not attached to my wall. Does anyone know if I can do anything as eventually there will be a real need for a render or repointing of bricks on my wall?

Jackie


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Freda Blogs

18:32 PM, 20th October 2020
About 3 months ago

PARTY WALL ETC. ACT 1996
The Party Wall etc. Act 1996 requires Building Owners to serve Notices on their neighbours when:
- building on or up to a boundary line;
- carrying out works to a wall or structure built on the boundary line;
- excavating in close proximity to the neighbour’s property.

The Party Wall Act sets down the rights & duties of owners undertaking such works and provides protection to the Adjoining Owners.

Martin Thomas

19:16 PM, 20th October 2020
About 3 months ago

The Party Wall Act applies because presumably, his builder dug down to put in a foundation for his wall. As such, he may have damaged your foundations.
Also, if the gap between his wall and your property is only 2cm, it won't take much for debris to accumulate in the gap and that could cause the sort of damp issues you experienced previously.
Good luck but I think you ought to get a surveyor involved.

MoodyMolls

19:04 PM, 21st October 2020
About 3 months ago

Reply to the comment left by colette at 20/10/2020 - 18:11
You don't pay your neighbour has to pay

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