No party wall notice issued despite building work taking place?

No party wall notice issued despite building work taking place?

0:01 AM, 30th June 2023, About 8 months ago 5

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Hello, builders next door have commenced building work without planning approval yet an application has been submitted. No party wall notices were issued and no neighbour consultation was done.

The rear extension to the mid-terrace is 6m long. Is this acceptable under permitted development rights as there is only 3m remaining to the rear garden fence, I thought 7m was the minimum distance.

What do I do as the extension will block light coming into the house and the building work will also down value my property, its rentability and demand for resale?

Thank you,

Jas


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Comments

Mark Hayhurst

11:23 AM, 30th June 2023, About 8 months ago

If foundations are few required, which logically I would assume based upon the scale (of the 6m extension) then if the new extension is within 3m of the boundary then a party wall agreement with you (and other adjoining neighbours) should have been obtained. It would be best you speak with a party wall surveyor ASAP as they can advise you on all that is required to protect your interests.

NewYorkie

11:56 AM, 30th June 2023, About 8 months ago

I built a large extension to the PD limits in 2020. Apart from the need for a Party Wall Award, for an extension of 6m on a terraced house, the developer must have obtained prior approval from the council, which will seek neighbours' views. Also, any extension [including any previous extension] cannot take up more than 50% of the original space around the house e.g. garden. If there's only 3m left after a 6m extension, that's far too big! Contact the council immediately.

Reluctant Landlord

13:53 PM, 30th June 2023, About 8 months ago

Yep call the council first step. They can direct you to exactly what the process is AND will end up taking this on for you. Their letters may have an immediate impact!

Marlena Topple

14:25 PM, 30th June 2023, About 8 months ago

Many years ago I was in a similar situation. A developer wanted to convert the cellar in a neighbouring property and dug a pathway below the foundations and built the supporting wall into our garden. We managed to get an injunction to stop the work and got their side to pay for a party wall surveyor to negotiate a resolution which involved them reinstating our garden. From memory we took legal advice via our home insurance policy which had legal cover.

NewYorkie

15:18 PM, 30th June 2023, About 8 months ago

Reply to the comment left by Marlena Topple at 30/06/2023 - 14:25
The developer must pay for the PWA, and if you want a separate surveyor, you can do so.

I learnt a tough lesson afternoon agreed with my neighbour to use his recommended surveyor. Transpired he was his mate, and it cost me £20k unnecessarily.

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