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.

 

[dave1967]

Im just going to remove anything overhanging.

[Temp]

20 hours ago, dave1967 said:

Im just going to remove anything overhanging.

 

That might be considered criminal damage.

[Spinny]

On 23/05/2025 at 21:24, dave1967 said:

I'm just going to remove anything overhanging.

I am not sure it is wise for you to ignore the party wall act. It is all a bit late if you wait until he builds out over your land. I'd have thought a court might decide that as you didn't object and didn't invoke the law i.e. the PWA at an earlier stage then it would be disproportionate to expect the neighbour to completely demolish a finished extension.

 

I can't see any reason not to talk to him asap, whatever stage he has reached.

 

I think the current state of affairs with the PWA is daft. There should be a building regulation that says you cannot build over a neighbours land. We have building regs about vents and things, so why not about banning overhanging eaves. Building regs are then subject to council enforcement action. Council planning departments should also be liable for massive compensation payments and penalties if they approve illegal extensions.

[kandgmitchell]

12 hours ago, Spinny said:

There should be a building regulation that says you cannot build over a neighbours land.

Don't encourage them! The regulations used to be solely for ensuring reasonable levels of health and safety for persons in and around the building, then they added energy conservation, then internet connectivity, then vehicle charging ........ getting into land ownership would be a nightmare. 

[Spinny]

2 hours ago, kandgmitchell said:

getting into land ownership would be a nightmare

We already have regulations that say you can't vent your boiler onto a neighbouring property. I cannot see any difference.

 

The problem is that the rule of law today is no longer accessible to ordinary people. The cost is prohibitive and means the law might as well not exist. Only the very rich can afford to go to court. Putting it under building regs would mean it could be enforced and stop it happening at a stroke.

 

The only people wanting to object would be those intent on breaking the law and getting away with it.

 

As somebody once said 'there is no justice, only power'. Never has this been more true in the UK.

[scottishjohn]

taking into account all said above 

the simple answer is build a fence on the boundary ,then they have to set back their wall  or destroy your fence --that will be a clear case of trespass 

how close is your building to the boundary -will there be an issue if maintaince is needed by either party ?

I certainly would never build closer than 1 m from boundary 

i understand in towns space is at a premium --butwants to be at least some gap  or that will maybe stop some expansion plans you or next owner might have

 and how high is htis wall remebering founds need to be twice the wall width as a general rule--which means they will be right over the boundary  and could preclude any expansion on your side  later     and now is the time to make a stand -not once building starts

 

 I have been through this in a commercial application and it started with the deeds of both properties  which had boundaries in different postions due to the properties being old and the descriptions in the deeds of the boundary 

so that stopped everything for some time whilst proper surveys were done--but it did get legal and eventually  a surveyor had to knock pins into the ground to show the agreed boundary 

I am guessing your deeds are not 200years old as mine were --so should have actual dimensions of them ?

 so  as i said to start with iwould be errecting a wall or fence onthe boundary line   and he then has alter his plans --unless he will move his wall back 

its all a game of poker  in the end  and if you can hold him up he might become more sensible on placement of wall

 

 

 

On 15/05/2025 at 22:14, G and J said:

still seem to be missing anyone that has actually been through the full PWA process.

Edited Wednesday at 09:43 by scottishjohn

[dave1967]

My building is about 1m  away from boundary. They have put tiles on and are going to be 4 inches over in one part. We didnt know about pwa before last week.

[Redbeard]

On 22/05/2025 at 18:46, dave1967 said:

My neighbour is currently building up to our boundary. No party wall act,

 

It is a long while (happily!) since I had to read the PW (Etc.) Act guidance, but if the wall is built up to the boundary surely the footings go under your land, thus triggering an obligation under PWA. Others will have more recent experience and better memories than I do!

On 22/05/2025 at 18:57, dave1967 said:

I know he knows what he's doing as he works in property so will be trying to get around the party wall agreement.

 

As above, I am not sure he can... Anyone got more recent knowledge than me?

[dave1967]

My building is about 1m  away from boundary. They have put tiles on and are going to be 4 inches over in one part. We didnt know about pwa before last week.

[dave1967]

Pretty sure they haven't build foundations on my side. It only the front corner that trespasses and my wall is 18 inches lower.. I'm concerned when i sell it will be an issue.

Would you accept as is or get them to stop.

[Redbeard]

Have you had a look at this?

 

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

 

If not, see what it says about your situation.

 

On 28/05/2025 at 18:05, dave1967 said:

Pretty sure they haven't build foundations on my side. It only the front corner that trespasses and my wall is 18 inches lower.. I'm concerned when i sell it will be an issue.

Would you accept as is or get them to stop.

 

I think I would have to see a sketch plan and section to understand that, and without understanding it I cannot tell you whether I would accept it or not, I am afraid. 

 

I would have a read of the guide and decide whether you feel the works require a PWA. If you do I would suggest you ask your neighbours what they have done about that. If your reading of the guide suggests a PWA is req'd and they say no it doesn't I suggest you send them a link to the guide, or print out the relevant section, and ask them to explain how their interpretation can differ from yours.

[dave1967]

Reading their planning details yesterday , I found a document that states pwa required.

[Mr Punter]

I am afraid this will be a legal matter.  Your buildings insurance may cover the cost of this.  If they have built over your land it is trespass.  Send them a letter explaining that it is not acceptable.

[Temp]

On 28/05/2025 at 18:02, dave1967 said:

My building is about 1m  away from boundary. They have put tiles on and are going to be 4 inches over in one part. We didnt know about pwa before last week.

 

Is that in an area where you or a future owner of your house  might want to build an extension? Would it prevent the extension being built?

 

Pictures?

[dave1967]

Reading their planning details yesterday , I found a document that states pwa required.

[dave1967]

We wouldn't want to build as we would prefer access around our house. It would be a poor extension if anyone built there.

[dave1967]

I'm just going to see what planning enforcement do about it as don't want it to take over day to day life. 

[Mr Punter]

2 hours ago, dave1967 said:

I'm just going to see what planning enforcement do about it as don't want it to take over day to day life. 

 

This does not sound like a planning issue.  Planning do not deal with ownership or boundary disputes.  The blurb in the consent relating to Party Wall Awards is just an advisory note.

[dave1967]

 I'm just going to see what planning enforcement do about it as don't want it to take over day to day life. 

[dave1967]

Pwa is a legal requirement and if its been built incorrectly the planning team should act.

[dave1967]

• development that has not been carried out in accordance with planning permission
• failure to comply with a condition related to planning permission