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Party Wall Query

  • 18-10-2011 9:46am
    #1
    Nicliam
    Registered Users, Registered Users 2 Posts: 13 ✭


    Looking at other threads but still a bit confused. Have a semi-detached house. Want to build up over the garage. Do I need permission from the next door neighbour to build directly up from the party wall or not? If they don't agree, what would be the alternative?:confused:


Comments

  • #2
    sydthebeat
    Subscribers Posts: 42,172 ✭✭✭✭sydthebeat


    In most cases, yes, you need permission as both parties generally own half the wall each. the actually boundary is an imaginary line half way on the boundary, so if you build anything over that half way mark, you are into their property.

    so i assume your situation is that your garage and their garage are attached and the wall between is the party wall.
    assuming you get permission to build over, you should get your neighbour to sign something along the lines that they have no issue with the propsed build (based on drawings you provide) and in turn you will have no issue should they decide to reciprocate in the future. then you need to get someone out to check if you can actually structurally build over this wall.

    if you dont get permission then there are a number of alternatives, but all would include remedial works to bring the load from the first floor down to a new foundation. All works would also have to occur on your property only ie none over this imaginary boundary line.

    assuming the garage is to the side of your dwelling, any first floor extension will require planning permission.


  • #3
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,454 Mod ✭✭✭✭DOCARCH


    sydthebeat wrote: »
    In most cases, yes, you need permission as both parties generally own half the wall each. the actually boundary is an imaginary line half way on the boundary, so if you build anything over that half way mark, you are into their property.

    Just a little clarification on the above.

    A party wall is mutually exclusive - i.e. both parties own all of the wall (together). You cannot build on any portion of the wall (even if it is on your side of half way line) without the permission of the other party.


  • #4
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Nicliam wrote: »
    Looking at other threads but still a bit confused. Have a semi-detached house. Want to build up over the garage. Do I need permission from the next door neighbour to build directly up from the party wall or not? If they don't agree, what would be the alternative?:confused:
    you need planning and an arch or arch tech to submit it, who ever you get will be able to advise you on your specific situation


  • #5
    Carlow52
    Closed Accounts Posts: 2,389 ✭✭✭Carlow52


    in addition to the above, party wall related issues are more problematic, IMO, since LAND AND CONVEYANCING LAW REFORM ACT 2009 came into force and more importantly, people becoming more aware of it.


    Chapter 3 , Party structures starting at section 43 is, depending on your viewpoint, a mine field
    http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0043.html


  • #6
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,454 Mod ✭✭✭✭DOCARCH


    Carlow52 wrote: »
    a mine field

    Safer to stay inside the party wall if you can!


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  • #7
    sydthebeat
    Subscribers Posts: 42,172 ✭✭✭✭sydthebeat


    DOCARCH wrote: »
    Just a little clarification on the above.

    A party wall is mutually exclusive - i.e. both parties own all of the wall (together). You cannot build on any portion of the wall (even if it is on your side of half way line) without the permission of the other party.

    im not up to speed with the 2009 act as carlow52 refers to... but i know of plenty of cases where a stone boundary wall of say 600mm was used to partly recieve a supporting structure...


  • #8
    DOCARCH
    Moderators, Home & Garden Moderators, Science, Health & Environment Moderators Posts: 18,454 Mod ✭✭✭✭DOCARCH


    sydthebeat wrote: »
    im not up to speed with the 2009 act as carlow52 refers to... but i know of plenty of cases where a stone boundary wall of say 600mm was used to partly recieve a supporting structure...

    Not up to speed on that Act either. My comments above are with regard to the fundamental status of a party wall (in legal terms). That 2009 Act does not change the legal status of the party wall (AFAIK).

    I was involved in a protracted legal case involving a party/garden boundary wall!

    Basically if you are going to build on the party or garden boundary wall, get the written agreement of the adjoining owner, otherwise stay clear of it!

    Also, just to add, not all garden/boundary walls are party walls. In some cases, in older houses, each house may wholly own garden/boundary wall on one side but not on the other (this can sometimes appear/be written into the title deeds of the property). I came across this situation once in Cork.


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