neilbell wrote:However, the planning app also requires alteration the roof and will require the overhanging soffit on our property to be altered to allow the proposed new roof to tie in to our roof. I have no objections to the development, what I'm trying to establish is where I stand legally regarding alterations to the roof and/or party wall. I'm aware that the developer can do whatever he likes on his side of the party wall, but this proposed development will require works to my side aswell, including alterations required to remove piers and capping of the exisitng party wall in the garden and to the roof, for which he has not seeked consent or approval. Also, excavations that go below the existing footings of my property will have to be underpinned won't they?
Bren88 wrote:If a tree branch from your garden grows over the wall, you neighbour may cut it it off and you can't do a thing. For the very same reason I doubt your objections to altering the soffit would be listened to at all.
Copo wrote:I don't think you can compare an overhanging branch with a soffit detail on a boundary wall. I think a call to a planner in your local council should clarify your rights in terms of alterations to an existing boundary condition. I think the answer to your scenario would be of interest to all terrrace house owners. Keep us posted!
neilbell wrote:If we get down the nitty gritty of where my property ends, then surely his proposed roof cannot cross his property boundary i.e. centre of party wall. This is impossible, as he will need to extend felt & batten plus tiles onto my roof to ensure his development is waterproofed.
My point about all of this is surely the applicant who's proposing this development would have to seek my consent to make alterations to my roof BEFORE submitting the planning app. I'm aware that my soffit overhangs his property, that's the way the properties were built. Surely the applicant cannot then come along and start to cut this soffit back or indeed tie his roof into mine and for me to have no legal standing??
neilbell wrote:Bren, please don't make personal judgements on my reasons or concerns surrounding this application, what I'm trying to do by posting on this forum is to establish the legality of what has been proposed in the planning app. If you read through my earlier posting, you will see that I do not object to the proposed development, but the way it is being handled. I'm sure I would not be alone by objecting to the fact that work has been proposed on my property - let's be straight here, I've seen the drawings & I've spoken to the applicants architect and it is not just to the overhanging soffit - without my consultation. How would you react? Are you suggesting I am wrong to question how my property will be affected? If it were a simple case of a neighbour building an extension, then fine but this is not the case in this instance. It would be wrong NOT to question the applicants proposals. You make the planning system sound infallible, I'm sorry but I don't share your opinion on that one.
Thanks for your reply anyway, we'll try & keep it strictly business, no need to get personal now.
neilbell wrote: What I'm concerned about is the exact nature of what my neighbour will need to do to ensure that his proposed roof and my existing roof are covered and waterproof at the point at which they join. Removing the soffit, although overhanging his property, would then expose the top of the party wall. My neighbour would then need to effectively build his new roof on to mine across the party wall.