Part wall status post demolotion

[Norbert]

Our property is attached to a neighbouring property. There is a thick stone wall between, the wall belongs to the neighbour, the boundary is the face of the wall, their property is one floor higher than ours. We have put in for planning permission to demolish and rebuild as a detached property with a 1.5mtr gap between the houses. The neighbour has been fully consulted and  has raised no objection to the plans. However he is concerned about his right of access for maintanance purposes to his gable wall in the future. 

 

My view was that he already has a right to maintain his gable wall under the party wall act. After demolition his wall still forms the boundary, it would still be a party wall, so his right of access to our property to maintain his wall would remain without a need to do anything else. Is this true? If not then I can see his point, so we would need to set up some kind of formal access agreement between the 2 properties that would persist beyond change of ownership.

 

Any views?

[kandgmitchell]

So how do they mainatin their gable wall at present? Climb onto your roof to reach the one floor level above yours?

 

If you move your building 1.5m away, then the neighbour's wall will certainly not be a party wall whatever the present arrangement is. If they needed access for maintenance, and it was refused by you or any subsequent owner, the neighbour could resort to the Access to Neighbouring Land Act 1992 and get an order allowing them access for essential maintenance.