Party Wall Advice

Smirky

Anyone know the do's & don'ts re party walls?

My neighbour has received permission to extend out their house at the side but they plan on building onto the party wall!

I presume they cannot allow their roof / gutters to oversail into our property?

Surely they need our permission before raising the height of the Party Wall?

What are the legal issues at play here?

Any help or advice welcome!

Mellor

buulding on the pary wall is an extension nightmare, i always advise against it. Technically they dont need your premission, but they can only build to the centre of the wall. Some people hace 215mm walls, and so build on top of it, forgetting about the eaves detail. And as you have rightly flagged, the guter/fascis or soffit cannot hang over the centre line.

If it is a 100mm wall they cannot build on it.

It is possible to build on top of a 215 wall and avoid overhanging, this requires non standard detailing, (and sub-par)

The only way I would ever consider planning a job like that is when both parties are extending together. In that situation it is benefical for both parties, as it maximises space, and it also costs less.
Is this an option for you.
If not explain to then that they can't over hang your property from a legal standpoint, make sure that you make it clear that you aren't just being awkward as extending your house becomes more difficult now, even if you have no plans to extend, this could still lower the value as extending becomes more difficult for the next occupants.

ircoha

Smirky wrote:

Anyone know the do's & don'ts re party walls?

My neighbour has received permission to extend out their house at the side but they plan on building onto the party wall!not without ur permission and I doubt if it will take the load

I presume they cannot allow their roof / gutters to oversail into our property?correct

Surely they need our permission before raising the height of the Party Wall?correct

What are the legal issues at play here?the legal issue is that if they overhang they need ur permission to sell and you have a problem with your title also as they are encroaching on your property

Any help or advice welcome!

can u send the planning link to the PP in question and we will have a look: PM me if u dont want it pubic.

I have just sorted a exact prob with south dublin so am au fait with the detail. I see Mellor is of a different view, which I dont have an issue with, but what I do is insist on a structural enginerers opinion that the party wall, even if 215 will take the additional load. this, so far has always put pay to the issue, The other show stopper is how will they build/plaster /paint etc without encroaching on your 'airspace' they need your permission for that. I am not talking about physical access to your side of the wall, even access in the bucket of a jcb is not permitted.

the final point here is that if they do as u describe u are then precluded from doing the same so the potential value of your house is diminished.
<Snip. We do not offer legal advice>

A solution that gets over these issues is for them to build a new double skinned party wall with the boundary down the middle and all their work is inside their wall. iu decide to do the same then it is ready to go. I have this detail on my pc if interested
HTH

smashey

Smirky, legal advice shall neither be sought nor given on this forum.

Ircoha, I edited your post to reflect this.

muffler

Smirky wrote:

Anyone know the do's & don'ts re party walls?

My neighbour has received permission to extend out their house at the side but they plan on building onto the party wall!

I presume they cannot allow their roof / gutters to oversail into our property?

Surely they need our permission before raising the height of the Party Wall?

What are the legal issues at play here?

Any help or advice welcome!

This is not a legal forum and therefore anything offered here is purely an opinion.

If you feel you need legal advice then you go to a solicitor - not boards.ie

Thread locked