Anyone know anything about party wall agreements and planning permission?

[Sith Happens]

We are being asked to sign a party wall agreement as neighbours are having a single storey extension.

In principle don't really have a problem with the work they are having done, just concerned signing this might make life difficult for us down the road if there are things we are unhappy with or they cause damage to our property etc.

Also, our properties are link detached with a car port joining both properties which is how it was built.

The extension being built is exempt from planning permission for detached properties but not attached. Would a link detached be classed as detached or attached for planning permission purposes?

[RamNut]

The purpose of signing the Party wall agreement is to protect your interests. There will be an independent surveyor apoointed to resolve any "issues".

 

 

[Sith Happens]

Also, looking at the plans it looks like the extractor fan will 'extract' on to our property. Do we have to accept this?

[RamNut]

4 minutes ago, Paul71 said:

Also, looking at the plans it looks like the extractor fan will 'extract' on to our property. Do we have to accept this?

No reason why you shouldn't request the fan to go through their roof rather than the wall.

perfectly fair and reasonable request due to noise, maintenance access etc.

[Boycie]

At least they’re doing one, lots just crack on.

Sometimes neighbours demand one when theyre unaware of what’s going on and work starts.  That can add 6 weeks to a build as work has to stop.

[Sith Happens]

2 minutes ago, Boycie said:

At least they’re doing one, lots just crack on.

Sometimes neighbours demand one when theyre unaware of what’s going on and work starts.  That can add 6 weeks to a build as work has to stop.

We don't in theory have an issue just was worried we would get it waved in our face if something we aren't happy with later.

We have asked for the height and clarification as they have used the words guttering should not overhang, we have asked for confirmation it WILL not overhang.

 

[RamNut]

Just now, Paul71 said:

We don't in theory have an issue just was worried we would get it waved in our face if something we aren't happy with later.

We have asked for the height and clarification as they have used the words guttering should not overhang, we have asked for confirmation it WILL not overhang.

 

Depends on the setting out.

sounds like their wall is intended to be set in from the boundary line so that any roof overhang /gutter is on their side of the boundary.

if the wall was to be built on the line of the boundary then the gutter could trespass onto your property.

[Sith Happens]

2 minutes ago, RamNut said:

Depends on the setting out.

sounds like their wall is intended to be set in from the boundary line so that any roof overhang /gutter is on their side of the boundary.

if the wall was to be built on the line of the boundary then the gutter could trespass onto your property.

It is yes. Just don't like the terminology 'should'

I dont want to be awkward just want to ensure we arent in a worse position down the line.

 

 

[Boycie]

As someone has said before, the agreement is there to protect you. Subsidence, damage etc I think.

[Sith Happens]

3 minutes ago, Boycie said:

As someone has said before, the agreement is there to protect you. Subsidence, damage etc I think.

I get it. Just suspicious of wordings like 'should'. I will sign it just dropped them an email asking for confirmation it is a will not a should and that extractors wont blow on our property.

 

[mozza]

I presume the party wall is double skin brickwork, even so any guttering fitted in the traditional way will encroach over the boundary line. You would be within your right to veto this. There are ways of concealing the guttering within their boundary lines, a builder I've done work for implemented concealed guttering to overcome this problem. 

[Boycie]

6 minutes ago, Paul71 said:

I get it. Just suspicious of wordings like 'should'. I will sign it just dropped them an email asking for confirmation it is a will not a should and that extractors wont blow on our property.

 

Well I understand you now. Keep a close eye on the outer brickwork when it starts to get layed, as someone pointed out, level with your boundary is no good, 4-6 inch back is better.

 But, even if it’s not over your boundary and level, he or you will have to clean it out periodically, and if he does it, he’ll have to trespass anyway.

ive seen cheeky buggers put a down pipe from a gutter on the boundary into a neighbours garden ! ?

[Sith Happens]

1 minute ago, Boycie said:

Well I understand you now. Keep a close eye on the outer brickwork when it starts to get layed, as someone pointed out, level with your boundary is no good, 4-6 inch back is better.

 But, even if it’s not over your boundary and level, he or you will have to clean it out periodically, and if he does it, he’ll have to trespass anyway.

ive seen cheeky buggers put a down pipe from a gutter on the boundary into a neighbours garden ! ?

Thanks.

Thats part of my concern,  blocked guttering makes a right mess.

Whats your view on if a link detached is classed as detached or attached? 

 

 

[Boycie]

8 minutes ago, Paul71 said:

Thanks.

Thats part of my concern,  blocked guttering makes a right mess.

Whats your view on if a link detached is classed as detached or attached? 

 

 

 Not sure.  Does this help?

An extension or addition to your house is considered to be permitted development, not requiring an application for planning permission, subject to the following limits and conditions:

No more than half the area of land around the "original house"* would be covered by additions or other buildings.

No extension forward of the principal elevation or side elevation fronting a highway.

No extension to be higher than the highest part of the roof.

Single-storey rear extension must not extend beyond the rear wall of the original house* by more than three metres if an attached house or by four metres if a detached house.

In addition, outside Article 2(3) designated land* and Sites of Special Scientific Interest the limit is increased to 6m if an attached house and 8m if a detached house until 30 May 2019.

These increased limits (between 3m and 6m and between 4m and 8m respectively) are subject to the prior notification of the proposal to the Local Planning Authority and the implementation of a neighbour consultation scheme. If objections are received, the proposal might not be allowed.

Maximum height of a single-storey rear extension of four metres.

Extensions of more than one storey must not extend beyond the rear wall of the original house* by more than three metres.

Maximum eaves height of an extension within two metres of the boundary of three metres.

Maximum eaves and ridge height of extension no higher than existing house.

Side extensions to be single storey with maximum height of four metres and width no more than half that of the original house.

Two-storey extensions no closer than seven metres to rear boundary.

Roof pitch of extensions higher than one storey to match existing house.

Materials to be similar in appearance to the existing house.

No verandas, balconies or raised platforms.

Upper-floor, side-facing windows to be obscure-glazed; any opening to be 1.7m above the floor.

On designated land* no permitted development for rear extensions of more than one storey.

On designated land no cladding of the exterior.

On designated land no side extensions.

* The term "original house" means the house as it was first built or as it stood on 1 July 1948 (if it was built before that date). Although you may not have built an extension to the house, a previous owner may have done so.

* Designated land includes conservation areas, national parks and the Broads, Areas of Outstanding Natural Beauty, and World Heritage Sites.

Please note: The permitted development allowances described here apply to houses and not to:

Flats and maisonettes (view our guidance on flats and maisonettes)

Converted houses or houses created through the permitted development rights to change use (as detailed in our change of use section)

Other buildings

Areas where there may be a planning condition, Article 4 Direction or other restriction that limits permitted development rights.

[RamNut]

30 minutes ago, Paul71 said:

Thanks.

Thats part of my concern,  blocked guttering makes a right mess.

Whats your view on if a link detached is classed as detached or attached? 

 

 

The Planners could answer that. If you are only linked by a car port then i supect that that wouldn't count as attached.

[Rev]

Just keep asking questions until you're happy with the answers. Best to get answers before a bricks been laid, and avoid problems in the future.

Our neighbour built a 2 storey extension at the back of his property, which we weren't too bothered about, but then didn't stick to his plans.

He was meant to install windows at the back, but instead fitted patio doors as soon as building control had passed off the work, then built a raised deck across the full length of the house, and 6ft into the garden.

This means that for the bottom half of our garden, he can stand on his raised deck and be above the level of the fence dividing us.

 

 

 

[RamNut]

2 hours ago, reveldevil said:

Just keep asking questions until you're happy with the answers. Best to get answers before a bricks been laid, and avoid problems in the future.

Our neighbour built a 2 storey extension at the back of his property, which we weren't too bothered about, but then didn't stick to his plans.

He was meant to install windows at the back, but instead fitted patio doors as soon as building control had passed off the work, then built a raised deck across the full length of the house, and 6ft into the garden.

This means that for the bottom half of our garden, he can stand on his raised deck and be above the level of the fence dividing us.

 

Unfortunately he wouldn't need planning permission for a raised deck but your general point is good advice.

my parents sold off their back garden and paid a totally incompetent solicitor to a draft a legal agreement which required that development shall be in accordance with the approved plans 'as attached' and then forgot to attach the plans or even get both parties to sign a set of approved plans. furthermore there were no contractual penalties or remedies when inevitably the builder didn't stick to the agreement. 

[uttoxram75]

2 hours ago, reveldevil said:

This means that for the bottom half of our garden, he can stand on his raised deck and be above the level of the fence dividing us.

Try doing your morning exercises in the garden wearing only underpants.

[RoyMac5]

I can't remember what's been posted but I'd say get one of these free half hour (or whatever) consultation and speak to a solicitor (presuming you haven't already that is).

[McRamFan]

14 hours ago, Paul71 said:

I get it. Just suspicious of wordings like 'should'. I will sign it just dropped them an email asking for confirmation it is a will not a should and that extractors wont blow on our property.

 

I would get independant advice, there is obviously your gut telling you some thing is not quite right. 

Have you seen the plans?