party walls

[Mapeel]

My neighbour has just applied for planning permission to use our garage wall as a party wall for the garage they plan to build. Can they do this without our permission? - we have objected to the local authority but it looks like they may get the go ahead. Our garage wall is set one inch back from the boundary line so it would mean them coming onto our land

[WendyS]

My initial reaction is that if your garage wall is entirely within your boundary, then it is your property and they cannot legally have access to it, or use it without your permission. However I think you need to check the deeds of your property which will probably be with your mortgage lender if you still have a mortgage. I think you should also consult a solicitor quickly if it looks as if permission may be granted soon. I assume you have already notified the Planning Authority that your garage wall is entirely on your property. Letters can sometimes go astray, so write to them again and ensure it is send Recorded Delivery as many minor planning applications are approved at one sitting and those approving it will probably be unaware of the issues.

[Mapeel]

Thanks for that Wendy. The planning officer is aware that we object and he is also aware that our garage is entirely on our own property. We have had the Party Wall Act 1996 quoted to us but this only seems to cover existing party walls. - I'm really worried as this is going to devalue our property, we were told though that this is not a material consideration when deciding whether or not to grant planning permission to our neighbours. The planning officer is probably sick of my calls by now!!

[Peter Pedant]

Oh I see - you can apply for planning permission on someone else property so long as you told them

and you have been

You should also tell your neighbour about your wall and remind them that it is not theirs
and that therefore they are gonna have to build a wall to support their garage on their own property

also of course, the wall (your wall that is) may not be designed to bear weights,

Does your tear away son drive ? get him to 'park' the car near it or straddling it. criminal damage ? surely not, it was all a mistake ......adn anyway the wall is yours


i have been through this - it takes years
Bad luck or should I say Good Luck ?

[buildersmate]

As you (presumably) know, a wall is a Party Wall if it sits on the boundary, even it is wholly on your side. It is not a party Wall if it sits back from the boundary.
You say there's an inch gap. I wonder how you can demonstrate that, because the accuracy by which the Land Registry record Title Plans is not that great. Look very carefully at other boundary features that are in place - are you sure you can demonstrate this?
The problem for you is that he has everything to gain and nothing to lose. If he accepts your wall is back from the boundary, he is going to have to leave a decent gap on his side - making his garage much smaller.
The Party Wall Act allows for the appointment of a surveyor for you - he is going to have to pay for this. Have you appointed a surveyor yet?
I can understand why the Planning people don't want to get involved - this is turning into a Lands dispute, not a Planning dispute.
Be careful people have lost their houses through running up legal bills on squabbles over a few inches of boundary.

[Mapeel]

Builders mate you are gem - Our garage wall is set back one inch from the boundary and I think I have the proof on two counts:
1. When we applied to build our garage 10 years ago the same neighbours objected and the planning office stipulated that we could go ahead only if we built one inch back from the boundary. I still have that letter
2. The boundary wall extending behind our garage into the back garden ends where their current garage starts -there is a 1" gap (with a bit off wood plugging the gap)
I'm going to phone the council tomorrow

[Mapeel]

Three Cheers to builders mate!
Hubby rang the council the otherday - dunno how but planning officer reckons he didnt know our garage was set back - he thought it was right upto boundary - admittedly it is only an inch back - however - result. He has written to said neighbours to tell them they can no longer build against our gargage . They now have to re-submit plans for detached garage- hip hip hooray!

PS to be on the safe side I told planning officer that if neighbours came back fighting I intend to take advantage of surveyor as suggested by builders mate - should put them off (fingers crossed)