PWA Can you build anything over a neighbour's property ?

[Spinny]

@dave1967

I think it is normally suggested to call round, ask them if they are aware that they need to follow the Party Wall Act, and provide them with a copy of the .gov.uk guide or a link to the version on the web. Say you are concerned to make sure everything is properly agreed first as required by the act as it is a legal requirement and otherwise it could impact both properties for the future.

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

 

If you were unaware of the act before then you could say you saw it mentioned in an article, and after looking into it, the person building needs to comply with the process in the act to get formal agreement in place before work starts, and it is separate to planning permission and building regs.

 

If you think he is not tech literate to read it on the internet then I guess you could print a copy for him, or find a video link that explains it that he can watch.

 

I guess stay friendly and avoid any provocative statements about possible objections or problems or changing plans.

 

Has he shared any plans with you ? Is it under permitted rights without planning permission ?

[dave1967]

My neighbour is currently building up to our boundary. No party wall act, we were unaware of it when work stared. I pretty sure his gutter in one part will overhang. What do i need to do. Think he's pulled the wool over my eyes with his build.

[dave1967]

He showed me the plans. We are not happy about it but there is little we can do. I know he knows what he's doing as he works in property so will be trying to get around the party wall agreement. Its obviously going to devalue my house or make it or make it bit  harder to sell now. My thought are to wait and see if the gutter overhangs then act otherwise I suppose I mention party wall and he will have to stop work. I dont think there is any benefit in the party wall route now it nearly done and he has pp.

[Temp]

Planning Permission doesn't help him. PP only means its acceptable as far as planning policies are concerned. Its quite possible you can get PP but not be able to build for a dozen other reasons. These days drainage can be a show stopper eg Soakaways don't work on clay and the Water Co won't allow you to put surface water into the sewer. 

 

Unfortunately there is no penalty for not complying with the PWA and nobody to enforce compliance. It would be down to you to go to court and try and get an injunction which is difficult and expensive. As I understand it judges frequently allow overhangs to continue and award you tiny damages.

 

Once walls have been started it gets expensive for your neighbour to fix the problem so chances are they won't do anything if walls are already going up. Perhaps too late for you but it's always best to discuss plans with a neighbour at the outset. Hint you are likely to build your own extension so you need to figure out a solution that works for both of you before the walls are set out.