Issues surrounding party wall and building on or next to it...?

Dinarius

We live in a standard three-bed semi with a party wall diving our gardens.

Our neighbours are extending the back of their house. They will build a single storey extension.

They have not applied for planning since I suspect they don't need to.

So, before I ask to see the drawings, I'm wondering what is the situation regarding them building on, next to, or near the party wall?

For example, are they entitled to remove the existing party wall and build a new one? I presume not.

If they build near the party wall, then I presume the gap would allow them to maintain their new extension wall. But, if they build next to the party wall, how can they maintain it?

In short, what should I be asking them in this situation and what are my entitlements?

Many thanks.

D.

sydthebeat

https://www.boards.ie/discussion/2058378643/issues-surrounding-party-wall-and-building-on-or-next-to-it

For example, are they entitled to remove the existing party wall and build a new one? I presume not.

you presume incorrectly

https://bhsm.ie/insights-news/a-party-wall-is-not-always-a-party/#:~:text=Works%20to%20Party%20Walls&text=The%20Act%20entitles%20the%20adjoining,of%20any%20works%20are%20ascertained.

https://www.boards.ie/discussion/comment/101816178#Comment_101816178

Dinarius

Thanks for the reply.

Not so clear-cut, then. How very Irish.

So, I could arrive back from work someday and find the party wall gone, since while as a building owner you are entitled to carry out works (according to the link) there seems to be no obligation to tell your neighbour you're doing so - at least not that I can see.

Need to talk to our neighbour about how close they want to get!

D.

Dinarius

Ps.

I can see the benefit of a new wall being built in the place of the party wall that would be capable of being usable by me at a later date to build up against. And at their expense to boot.

D.

sydthebeat

https://www.boards.ie/discussion/comment/122783519#Comment_122783519

and THAT is the big win you have here.

no point in building his wall away from the boundary, and you doing the same in the future, which would leave a inaccessible dirt gathering gap space.

standardg60

https://www.boards.ie/discussion/comment/122783519#Comment_122783519

Yes that is the way to go rather than the no man's land/ugly stepped wall.

Just make sure it's a parapet wall so there'll be no guttering/fascia etc. overhanging on your side.

Dinarius

Thanks again.

Would anyone have a link to a section drawing of a typical parapet wall with a room built against it, please?

Also, would the parapet wall become the structural wall for their side of their extension, or would they build a structural wall inside the new parapet wall?

D.

standardg60

https://www.boards.ie/discussion/comment/122785490#Comment_122785490

Yes the parapet wall would form the structural wall for their side and yours in the future, just Google it and you'll get plenty of images/designs.

Dinarius

Since starting this discussion, I've now noticed that our estate is full of parapet walls and I'm totally sold on the idea of our neighbours removing the existing party wall and building their extension up against a new parapet wall.

However, we're potentially not dealing with a sensible bunch here.

So, another question….

If they go the route of leaving the existing party wall, but building up to it on their side, is any part of their new extension allowed to overhang the mid-point of the party wall. E.g. Guttering, roof tiles, etc?

Thanks.

D.

standardg60

https://www.boards.ie/discussion/comment/122790600#Comment_122790600

Nope AFAIK it must be entirely within their property boundary.

Dinarius

https://www.boards.ie/discussion/comment/122791642#Comment_122791642

And if they don’t build up against the party wall, but leave a gap on their side of it, is there a minimum distance they must keep it from the party wall in order to be able to maintain it in the future?

Thanks.

D.

Gumbo

https://www.boards.ie/discussion/comment/122843791#Comment_122843791

It’s a boundary wall. The party wall is inside your dwelling.

There is no minimum or maximum gap when building close to the boundary wall. Sense would dictate that the builder needs access to finish the external face of the wall but they may use a finished face block and lay from the inside.

to99

We got an expert who deal in party walls to advise us and write to the neighbour. Now technically, the neighbour is supposed to cover the cost of advice but to be neighbourly, we did it ourselves. Saved us a huge headache. On one side we have our neighbour's house wall in a garden basically because they knocked down the wall before we moved in and I hate it. I don't know who is responsible for painting their side. But on the other side, we have the wall and Im glad for it.

muffler

https://www.boards.ie/discussion/comment/122852831#Comment_122852831

So you think that you can employ the services of a professional and your neighbour is liable for the fee? You might want to employ a different professional to give you advice on that point.

to99

https://www.boards.ie/discussion/comment/122853138#Comment_122853138

You must pay your neighbour’s reasonable costs for getting professional advice to assess the likely consequences of the work.