Neighbour wants to drill in party wall

[Lk1980]

Hello everyone,

Can someone please help. Neighbour wants to drill holes in party wall which we are constructing on our property in line with the fence (we own the fence) which faces the neighbours side. They want to hang pots and plant climbers by our wall.

 

I was under the impression that neighbours cannot do so unless we the owners of party wall agree.

 

Can someone please help and clarify?

Thanks.

Edited July 13, 2022 by Lk1980
Spelling mistake

[joe90]

Is it a part wall built ON the boundary or a wall built on your land?

[Lk1980]

4 minutes ago, joe90 said:

Is it a part wall built ON the boundary or a wall built on your land?

Part wall is entirely on the boundary

[ProDave]

16 minutes ago, Lk1980 said:

 

I was under the impression that neighbours cannot do so unless we the owners of party wall agree.

Which is why they are seeking your permission and agreement........

[Lk1980]

25 minutes ago, ProDave said:

Which is why they are seeking your permission and agreement........

Hi Dave, thank you for coming back. They are not asking for permission. They are telling that they want to do it as the wall faces their side of the property (but not on their land)

[Mr Punter]

If all of the wall is on your land they do not have the right to attach anything to it.

[Ferdinand]

You need to reread the definition of "Party Wall". eg Para 1 here:

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

 

From all the above, yours is *not* a party wall and N has no rights to attach to it, paint it, wee against it, or grow a plant supported by it. Technically such is criminal damage.

 

Having said that, I have attached to others' walls in the past, and others have attached to mine.

 

8 times from 10 a modus vivendi which does not upset anyone works, but that is for you to decide.

 

There are two possible conversations here: one to educate N as to the status of the wall, and the other as to what you will accept if anything. It will be perilous to let 2 occur without clarifying 1.

 

But OTOH you could blow up your relationship with N over a minor matter. And you may not be able to see when he does something, or practicvally be able to stop him without going nuclear. As Deep Thought said in H2G2: Tricky.

 

What N SHOULD do is to put up a fence or framework on his land next to your wall, and attach his paraphernalia to *that*. 

 

[Temp]

Sorry but it's still not 100% clear if it is a Party Wall as defined in the Party Wall Act. This matters..

 

1) If the wall is entirely on your side of the boundary is unlikely to be a party wall. Your permission is required for anything they want to do to it.

2) If the wall straddles the boundary it will be a party wall. In which case you would have needed permission from the neighbour to build this wall.

 

More info here..

 

https://www.gov.uk/government/publications/preventing-and-resolving-disputes-in-relation-to-party-walls/the-party-wall-etc-act-1996-explanatory-booklet

 

Quote

 

Party wall type A

A wall is a “party wall” if it stands astride the boundary of land belonging to two (or more) different owners.

Such a wall

 

is part of one building (see diagram 1)

or separates two (or more) buildings (see diagram 2)

or consists of a “party fence wall” (see diagram 3)

 

A wall is a “party fence wall” if it is not part of a building, and stands astride the boundary line between lands of different owners and is used to separate those lands (for example a masonry garden wall). This does not include such things as wooden fences or hedges.

 

 

So assuming it is Party Wall or a Party Fence Wall under the Act then the issue is do they need your permission...

 

Doing some work on or near the wall would require the party doing the work to comply with the Act. For example cutting a hole in it to insert a steel beam would require following the Act. The procedure is in The Guide to the Party Wall Act above.

 

However the guide also says....

 

Quote

 

6. What about things like putting up shelves or wall units, or installing recessed electric sockets, or removing and renewing plaster?

 

Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary.

 

Things like:

 

drilling into a party wall to fix plugs and screws for ordinary wall units or shelvingcutting into a party wall to add or replace recessed electric wiring and socketsremoving old plaster and replastering

 

may all be too minor to require a notice under the Act.

 

However, the key point is whether your planned work might have any possible consequences for the structural strength and support functions of the party wall as a whole, or cause damage to the Adjoining Owner’s side of the wall. If you are in doubt about whether your planned work requires a notice you might wish to seek advice from a qualified building professional.

 

 

2 hours ago, Lk1980 said:

They want to hang pots and plant climbers by our wall.

 

I think it's unlikely that what they want to do would be covered by the Act.

 

However even if it was covered by the Act they still wouldn't need your permission. All they would need to do is comply with the Act. The cheapest way to do that would be to get your permission but if you refuse they could employ a surveyor to draw up an agreement which you can't refuse. 

 

Be careful about refusing permission because if it's a Party Wall then you may need their permission later to do work on the wall even though you built it.

Edited July 13, 2022 by Temp

[saveasteading]

2 hours ago, Lk1980 said:

Lk1980

Is the foundation also entirely on your land? How far would you say the wall face was inside the boundary?