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Party Wall Act (England & Wales) was passed in 1996 & became law in 1997. Think it originated from exisitng legislation in effect in London to become nationwide.
Once again, thanks Bren, that’s very useful info.Can you explain the need for the mineral wool? Is it to be laid along the top of the whole party wall? I have family in the building trade so getting the applicants proposals verified from a structural point of view would be the way forward. The applicants architect has supplied revised drawings (revised from those submitted with the PA) which detail exactly what he proposes and it looks like they’ve taken on board the issues with the overhanging soffit by building their roof below the existing soffit. They would have needed to do this anyway, as their property is minimum 500mm lower than ours, something that was not shown on the PA. However, as can be seen from what I’ve experienced, the issues surrounding notional boundaries and physical boundaries seems to be very vague here in Ireland and could easily be misinterpreted by either party. Do you see Ireland adopting the Party Wall Act? It seems to be needed.
Thanks again Bob, you’re right in your assesment, the soffit in question is on the gable and does extend over the notional line which divides the party wall. The house was built in this way and no alterations or modifications have been made to the roof since it was built. Currently, the soffit overhangs the garden, however the applicants proposals seek to alter this soffit to allow the construction of a new extension roof on his property. 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. It seems to be a bit of a grey area in terms on what can & can’t be done. At the end of the day, what I’m trying to do is ensure my property is not at risk during or as a cause of the proposed works. Without similar legislation to the Party Wall Act, it seems to me the whole question of building works along/across party walls is open to interpretation…Thanks again
Thanks guys for the info. The construction details you are speaking of Bren were not submitted with the application, I’ve spoken to the applicants architect who assures me I will be supplied with the drawings. The point you make about viewing these construction details is exactly the point I was getting at, I would need to see exactly what the applicant is proposing before making my judgement and have them verified by my own person. The PA only contains plans & elevations, as per PA regs.
Thanks Bob for the info, it seems to be an area of contention and in need of law along the lines of the Party Wall Act in England & Wales. The terrace of houses I live in were built circa 1980 as Local Authority Housing, obviously details such as overhanging soffits were not of importance as the properties were council owned. However, with more of these type of property coming under private freehold ownership, it seems highly likely that we’ll see more and more cases along the lines I’m seeing, with previously undipsuted areas coming under contention. It would be of great help if you could confirm the “Right Not to Be Damaged” easement you were speaking of, it will probably be of much use in the future….
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.
Cheers for the info guys, this is a bit of grey area regarding our soffit, as the applicant proposes to actually alter our ridge, soffit etc to allow his roof to join mine and thus cover up his extension. This has implications for my property, as if the work is not carried out to building regs, then we could face problems with leakage from the roof and into our property. We could also face problems with fire regs and thus insurance. 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??
Thanks for the info. 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?