Use of boundary wall for extension

MaggyB

Wondering if anyone can help me understand where we stand in this situation.

We live in a semi detached house built in the 50s, purchased a couple of years ago. Next door is detached and had a garage attached to their house which the roof of hung over the boundary wall into our side passage. A number of houses on the road are similar but overtime as houses have changed hands this has been corrected during any construction works happening. 

Next door sold and immediately the new owners applied for planning for a double extension to the front and a conversion of existing side garage, they told us the garage was staying as was, they were not demolishing it so the roof overhang was staying, planning showed no changes to the garage either.

Roll on to current building works and we came home one day and the garage was demolished completely, leaving damage to the top of the boundary where the concrete roof had been ripped off. We went into the builder to ask why the change and what their plans were now. He said drainage on the flat roof of the existing garage wasn’t done right originally(which we flagged before planning was applied for) and that they wanted extra head height in the old garage space (new utility) so they were planning on adding 2ft of brick to the boundary and building back onto the boundary wall using it as the internal wall to their utility and having a parapet roof. We told them that the boundary wall was built as a garden wall originally had holes/cracks on our side and wasn’t built with the intention of it being an internal wall to a house. They said it didn’t matter that they were planning on rendering/weather proofing/painting the wall on our side. We said we didn’t agree to any of this and needed to speak to the owners.

A week later we met the owners and their architect/builder onsite. Explained we didn’t want the boundary wall touched etc. Neighbour and architect said we were being totally unreasonable that it was only being raised by 3ft and they didn’t see what our problem was as it was only our side passage. They tried for ages to change our mind and i told them by them using the wall/rendering/painting etc would look like the side of their house was in our garden/side passage which we didn’t want, we told them they should build within the boundary like we had done. Later that day they confirmed they reworked the drawings and would build an independent wall inside the boundary wall. 

A couple of days later we came home from work to find they had built a stud wall attaching to the top of their side of the boundary, no new bricks, they are using the garden wall as the internal wall and the stud structure they attached to the top goes 2ft above the wall level and they have attached concrete board to this. 

My question is do they legally have the right to use this shared boundary wall as a wall to their extension without our permission?

Any advice welcome.

Thank you.

GerardKeating

https://www.boards.ie/discussion/2058359882/use-of-boundary-wall-for-extension

If it's entirely on "their side" and aligns with planning, then they can do what they want.

You can deny them access to your property to do the work (might be too late for this) and raise an objection if you think they are not conforming with the planning permission, but that might kill any "relationship" that might exist with them. If they have strayed into your property (even if a few milimeters) you are "done something".

Gumbo

https://www.boards.ie/discussion/2058359882/use-of-boundary-wall-for-extension

Building up the boundary wall may have been the best route. There would have been a shared wall in which you could carry out works on in the future.

The way you wanted it would mean a no man’s gap on each side of the boundary which both sides would have to maintain. That’s a nuisance.

I’m not saying you are in the wrong here, the other side should have communicated this better to you in ample time beforehand.

Kincora2017

Your post is quite complicated so im not 100% sure what was built and where.

To answer your question directly, they should not have built or adjusted the boundary wall (if it is a shared boundary) without your permission. Both yourself and your neighbour share ownership of the boundary wall in this scenario.

If the boundary wall is entirely on their property they can do whatever they like to it.

The question of whether they had the right to do what they did is entirely different to whether it was the best solution for the builder or what Planning Permission was granted for.

Mellor

https://www.boards.ie/discussion/2058359882/use-of-boundary-wall-for-extension

Can you confirm what you mean by "a stud wall attaching to the top of their side of the boundary".

If this is on their side of the boundary wall. Then I'm not sure how its not a independent wall inside the boundary as you agreed to.

It's also not very clear if this was a garden wall or the former garage wall. If this is the former garage wall, assume it was 225-300mm wide. Then they are building on their half only, and from your side you'll see the original wall height and the recess face of the new wall 100-200mm back, so it won't appear that the house is in your garden. Sounds like they've accommodated you.

My question is do they legally have the right to use this shared boundary wall as a wall to their extension without our permission?

You have a party (shared) wall with your neighbour on the other side. That wall is an internal wall in some rooms in your house. Legally this is the same as that.

Also, if this was the former garage wall, it may not be your boundary wall at all.