Search the Community

The planning permission i have for my rear extension gives me permission to build it out along the full width of my property. It's a semi detached property and I have a party wall agreement with my attached neighbour. Builder due to pour footings TOMORROW. Architect calls me today to say that he thinks builder has set out the footings in such a way that extension would be 5cm to 8cm narrower than it should be. I went to the property to meet the builder to see what's going on. Builder shows me he has taken the boundary line from the centrepoint of where the old fence post used to be. This would account for 3cm of the 8cm, as looking carefully at his line there are places where he has deviated from that line by 3cm. However, under the deeds, it's my fence - and I have always been responsible for maintaining it. Via google, i found this: It is normal practice when using a fence to mark a boundary to place the outer face of the fence along the boundary, so that the posts stand on the land of the of the fence's owner. This rule would suggest that the builder is wrong to take the boundary line from the centre of the fence post, and as my fence post was 8cm or 10cm wide, that would suggest a discrepancy of 4cm to 5cm. Having said that, the same article notes that this won't always be conclusive. I looked at my party wall agreement and note that it says I am to reinstate the fence after the building works have finished. If by the word "reinstate" there is an implication that it should be reinstated in exactly the same place, then that ignores the above rule. In any case: the party wall surveyors never asked me who owned that fence or where the exact limit of my boundary is - they've generally been quite sloppy so this is par for the course; and my neighbour and I both agree that reinstating the fence would look silly as it would be right up against the wall - I won't see it, so i care little about what it would look like, but it will inhibit the walls from breathing and will also cost me an extra £400 to £500 in fencing material and labour which I rather avoid. My builder has agreed to shave a bit off the trench wall to give me the additional 3cm so it is more accurately under the centreline of the fence post. But even doing that I would lose the 4cm to 5cm. I know that doesn't sound like a lot, but it will make a slight difference to the internal space. My fear is that even though legally I am probably entitled to use that additional 4cm to 5cm, relations with my neighbour are difficult at the best of times and if he believes I am taking his space he will probably kick up a fuss. What would you do?