Harringay, Haringey - So Good they Spelt it Twice!
Ground floor flat extension - what is reasonable?
Hi,
Our downstairs neighbour has applied for a side and rear extension ( Victorian house) . Have you been in the same situation? What do you which you had known?
Do you have recommendations of an architect that can guide us on a response to this application - we need to reply quite soon.
Many thanks
Regina
Replies to This Discussion
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Permalink Reply by IanB
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What sort of help would you expect from an architect?
If the extension is something that would be allowed under permitted development on a house (planning permission only necessary because it's flats) I'm not sure you'd have any reasonable grounds to object.
Permitted development rules here. From what I understand the side extension is fine, and rear mustn't exceed 3m.
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Permalink Reply by Anna
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I think you will need a party wall surveyor at some point. Once they have planning permission no work should start until that is in place Could it benefit you by providing a roof terrace? Some things to think about are what materials they are using and how they will ensure the structural integrity of the building So I think you need a structural surveyor advice
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Permalink Reply by Justin Guest
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You might want to think about the impacts of the development on access of your exterior walls for painting or repairs, or access to the roof. At the moment you can likely get to all points on your flat by a ladder in the garden. After any side and rear extension you no longer have access to that access route should it be needed. You might want to ask how this is being factored into the design.
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Hi Regina,
You will need a Party Wall surveyor to come round and photograph your interior and possibly exterior walls. This is paid for by your neighbours. When removing all the brickwork below the steel (a steel is a universal beam, similar to an RSJ Rolled Steel Joist) and propping up the brickwork above, you may get cracks in the wall. So you need photographic evidence of "before and after". Don't worry as the builders will have insurance, but worth asking them for a copy so you have a record of their Public Liability insurance.
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I also suggest that you get a bricklayer to check the condition of the exterior bricks and pointing (joints between the bricks) as aforementioned, you may not have any access after the side extension is built. So best to get any remedial work done now.
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Are your neighbours allowed to build an extension under the terms of their lease? I am a property solicitor and if you need legal advice you can contact me at roulla@roullageorgiou.com
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No need to do anything regarding party wall surveyors until your neighbour serves you with a notice of the works. That will give you the opportunity to appoint your own if desired, at the neighbour's expense.
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if you connect with me I might be able to help. I do need more information though.
Joseph
architect. party wall services. etc.
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Permalink Reply by adamvietnam
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I have a general question. In practice, are party wall agreements really mandatory?
I always assumed that was the case, but I've since been told that many people ignore them thus putting the onus on the other party to take legal action if they disagree with the build or its results.
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https://www.gov.uk/government/publications/preventing-and-resolving...
35. What do I do if my neighbour starts work and I have not received a Party Wall Act notice?
The Act contains no enforcement procedures for failure to serve a notice. However, if your neighbour or a builder carrying out work on your neighbour’s behalf starts work, without having first given notice in the proper way, you may seek to stop the work through a court injunction or seek other legal redress. You may wish to take professional or legal advice before commencing such action.
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Yes for sure - I guess my point that people may be disinclined to start spending money on injunctions which might not go their way so in practice the neighbour gets away with it.
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It's also a risk for those doing the work though. Without a party wall agreement - and the subsequent schedule of conditions for each property - they would have no defence against a claim that the work caused a problem, even if it were pre-existing.
They would get away with it if no harm was done to neighbouring properties, but in that case it's not an issue anyway.
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