Party Wall Notice - Changed planning

[sytra]

Hi,

An elderly family member has received a party wall notice and we would like some advice before contacting a surveyor see if we just being rediculous.

 

The bits we would like help with are as follows:

 

1: adressed to the owner not him personally even though his name is known and shown further in notice.

 

Should it be addressed to him personally?

 

 

2: they give less than a months notice NOT minimum 2 months.

 

As it is a Party structure notice we understand it should give a minimum of 2 months notice.

 

3: the notice says to build a bedroom above the garage.

 

Original plans were for a gym above the garage not a bedroom, can these be changed without notice?

 

4: they say no special foundations needed.

 

The garage is joined to his by single skin breeze block wall and they have not as far as we are aware checked the foundations. They do say they will strengthen the wall but we have doubts about foundations as the neighbour the other side had to have foundations dug.

 

5: They want to erect the scaffolding over his garage.

 

If they do then he wont be able to use it for a minimum of 4 weeks, bearing in mind he does park his car in it can he claim compensation as in effect his insurance could be invalid as car wont be garaged as declared instead it will be at the end of his driveway.

 

We look forward to any responses.

[honeybee13]

Hello there.

 

I'll move your thread to the local authority forum, hopefully people there will have information for you.

 

HB

[sytra]

Hello there.

 

I'll move your thread to the local authority forum, hopefully people there will have information for you.

 

HB

Thats great thank you.

[unclebulgaria67]

The notice is not addressed to a person, because the ownership of neighbouring house might br changing.

 

In regard to notice period, where does the 2 months notice come from for this type of work ?

 

If your relative is not happy, why have they not registered a formal dispute with the local authority ? I don't think your relative has to give consent to scaffolding over their garage. If they don't want to assist the neighbour, then i am not sure they have to. It is not essential works to repair a property.

 

There should have been planning details posted on the local authorities website ? What is showing about the changed usage, what restrictions if any applied ?

[sgtbush]

Not an expert on planning but

If plans state a gym and they are creating a bedroom then their is a difference between a habitable room and non habited room.

 

They must seek consent to place scaffolding on your property.

No consent, no build.

[sgtbush]

You do, however, have recourse to the Access to Neighbouring Land Act 1992. The Act allows the court to grant an applicant a temporary right of access in order to carry out basic preservation works - works necessary to repair or maintain the applicant’s property.

 

However, The Act draws an important distinction between preservation works and works which are simply about improving the property: the court will not grant a right of access for the latter.

 

Be aware too that the court will not grant right of access if that access can be gained via an alternative route – even if that route is less convenient or more expensive for you to take.

 

The court is not obliged to grant a right of access if it would cause unreasonable disturbance or interference to your neighbour and, if a right of access is granted, the court can award compensation based on a measure of the inconvenience and damage to the neighbouring property.

 

Easy find on google.

No consent, its not preserving a property, its improvement

 

No consent=no build

[sytra]

Thank you Sgt Bush your post is quite informative.

 

 

In regard to notice period, where does the 2 months notice come from for this type of work ?

 

If your relative is not happy, why have they not registered a formal dispute with the local authority ?

 

I don't think your relative has to give consent to scaffolding over their garage.

 

There should have been planning details posted on the local authorities website ?

 

In regard to the 2 month notice this is laid down in legislation??????

 

They did register an objection at the initial planning stage.

 

As far as we are aware they do need approval for scaffolding over the garage.

 

There were planning details posted, the plans were for a porch ext, garage converted to bedroom for carers? New Extension above garage to be a gym, single story rear ext.

[stu007]

Have a wee look at these links:

 

Party walls and building work

https://www.gov.uk/party-walls-building-works/overview

 

Party Wall etc. Act 1996

http://www.legislation.gov.uk/ukpga/1996/40/contents

 

RICS Party Wall Legislation and Procedure

http://www.rics.org/uk/knowledge/professional-guidance/guidance-notes/party-wall-legislation-and-procedure-6th-edition/

[HP Mum]

Hello.

Just so you know - if a neighbour serves a Party Wall Award on you - for work they intend to do to their property - you have the legal right to appoint a surveyor to represent you - at the neighbour's expense.

The neighbour's surveyors details will be on the Award they gave you.

Google a local to you surveyor who specialises in Party Wall Awards. Call them and give them the details of the neighbour's surveyors.

The new surveyor - looking after you and the condition of your property - will then attend your property and make notes/ take photos of yours to ensure when the neighbour's work is in process/done that there is no structural damage to yours. They will pass their bill on to your neighbour.

It is quite a simple process.

 

In terms of them changing intended use of their own property - that is a planning issue and the council could be contacted. However - does it really affect you how they use that room? You need to bear in mind if you may ever wish to do something similar to increase the value of your own property. Having the neighbour's change of use could be a good precedent. I always like to bear 'karma' in mind when I feel like complaining!!! After that thought, sometimes I back down on my initial angry thoughts.....

[sytra]

We know he has to unstruct a surveyor of his own, what we were not sure about is what are his rights about the notice being wrong, I read somewhere that he can go back to them in writing and tell them until they serve a valid notice nothing can be done.

 

After reading and re reading the planning approval it states that plans are approved as listed and shall be carried out in accordance with drawings etc. Now they wish to build in the same space etc but change the use from gym to bedroom.

 

It is highly unlikely he or anyone else would want to do the same extension as it would devalue both the properties at the moment they are linked by the garages if the relative copied and extended then they would become semi detatched and in that area worth about £5000 less than the current valuation.

 

We have a surveyor we now coming today to give us her opinion then he is going to do whatever is neccessary after.

[ericsbrother]

the surveryors bill should be sent to neighbour regardless of whetehr he goes ahead with works or not. It is his doing that you(r relative) have suffered this cost that otherwise wouldnt arise.