Planning permission

Question

My neighbour wants me to sign party wall agreement for him to demolish his part of our connected pitched roof connected to ours on our kitchen for him to extend his kitchen within permitted development, the whole thing is connected, he claims no planning permission needed, I am terrified, he will damage my property, it's terrace houses and no one in the whole terrace done such development, how can I stop this?

Thomas · Answer

I am not sure about completely stopping them. Permitted development depending on what you want to do requires a Lawful development Certificate, drawings and council sign off and yes if it affects the party wall, then they need agreement from their neighbour. If the pitched roof is part of the original property it is within his rights to alter it but care must be taken of course. They must also follow certain rules, ensure right to light, and of course their neighbours property is safe. You could talk to the council about your concerns but have you tried talking to them about your concerns first?

Mark · Answer

It is good that he has opened dialogue with you and hasn't just gone ahead and done it but I would be rightly nervous. Unfortunately, builders aren't the most careful or considerate bunch especially as you aren't their client.

Firstly, I would read the Party Wall Act to give yourself some knowledge. This website is not allowing me to post the link so do a search for 'Party Wall Act' and go to the government website and it is very easy reading, not complicated at all.

I draw your attention to section eight and his responsibilities to notify you and then you refuse consent. Then read section twelve about resolution but basically he needs to appoint surveyors to draw up a Party Wall Award which hopefully all parties agree to. This is important as it will contain a drawing and hopefully a method statement of how the work is to be carried out. It is important to have all this  to ensure you don't get future leaks, damage to your property, assess access, giving them access may improve quality etc.

Builders tend to want to do the job as quickly as possible and in a few years when its fallen apart they are long gone. You need a surveyor or building professional to know what they are looking at drawing wise and then ensure it's built in accordance with the Party Wall Award

Hope this helps.

Ahmed · Answer

Don't sign the agreement until you are happy you have an agreement in place to prevent him from damaging your property and not making good of it afterwards. Speak to a qualified and accredited party wall surveyor. Ask them to draft the correct letter outlining a proper agreement that will protect you in all instances from any form of problems or trouble that could arise and would otherwise leave you open to no recourse. Hope this helps and you get things sorted, Wish Architects.

Julien · Answer

Best thing to do is inform your neighbour that you will appoint a party wall surveyor who he must pay for to draw up an agreement so that you would be covered for any damage caused to your property

Jasleen · Answer

Contact your council, they will be happy to look into that for you

Kyriaki · Answer

My first thought is that Permitted Development refers to single storey extension usually to the rear of the building, I do not see how this would apply for the replacement of the existing roof.

With Permitted Development they would still have to apply for Lawful Development Certificates and submit drawings to the Council, thus if the proposal does not comply they would not receive one.

You cannot with no reason refuse to give them permission to carry on changes to their site of the property. Nevertheless they would under the Party Wall Act be responsible for repairing any damages that can arise from the works on their side of the property.

Hope the above is useful.

Peter · Answer

Your neighbour may be correct in that his proposed extension falls within the 'Permitted Development' criteria but such development will still require a Building Regulations Application; this means that your neighbour will be required to have full plans submitted into the local Building Control authority for their approval. A certified Building Control officer will then oversee the works to make sure everything is as it should be. No works can commence until Building Control have approved the plans and indeed you have agreed the party wall.
Suggestion: ask your neighbour for a copy of the structural plans, the Building Regulations application number (so you can personally contact Building Control) and a copy of his builders Public Liability insurance.
Once this is in place and you have peace of mind you will be able to confidently agree to the party wall.

I hope this was helpful to you.
Best of luck.
Peter

Dominic · Answer

The party wall agreement must include a schedule of conditions to document the current state of your property. Additionally, the contractor is required to have adequate insurance in place, so I believe there is no cause for concern.

Amarjeet · Answer

Dear Sir,

No planning permission is needed unless you are in a conservation area or a special designation area.

The party wall agreement is to ensure if there is any damage their builder will repair it at his costs.

There is no point in creating bitter relationships with neighbors.

Kind regards,
Amar 
ASG

Michael · Answer

You need a Building Surveyor and I would suggest Andy Jones based in Penwortham.

Planning permission

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