We all want to be good neighbours but sometimes some situations can spark tension or even lead to disputes.
From privacy and noise to boundaries and home improvements and extensions, even the neighbours with the best intentions can have disagreements.
In fact, 60% of people have reported engaging in heated discussions with their neighbours over home extensions in new research.
The survey of 1,000 British homeowners revealed that 33.9% of respondents have a strained relationship with their neighbours as a result of their extension.
Meanwhile, 13.9% of people asked in Express Bi-Folding Doors's survey stated that they had to move house following the conflict.
Following the research, the experts have teamed up with Dave Sayce, the Managing Director at Compare My Move.
Mr Sayce has shared some key legal advice on how to prevent home extension conflicts with your neighbours, and what to do if they raise an objection.
Do I need my neighbour’s permission to build an extension?
If your planned extension work falls under any of the categories below, then you’ll need to inform and get consent from all adjoining neighbours before work begins on your extension, according to the expert.
These categories include:
- Building a free-standing wall or the wall of a building up to or astride the boundary with a neighbouring property.
- Working on an existing party wall or structure, or any building against a party wall or structure.
- Excavating near a neighbouring building.
All of these acts come under the Party Wall Act, which requires you to garner consent from all parties that could be affected by the change.
Alternatively, if your extension borders come within 6 metres of your neighbour’s property or use of a party wall then you will also have to ask them to consent before you start any work.
How does the Party Wall Act apply to homes?
The Party Wall Act is something people need to “seriously consider” when performing any home extension, Dave commented.
If your extension falls under the Party Wall Act, then you must provide a formal written Party Wall notice to your neighbour before starting an extension.
Not only that, the expert explained that this must be done up to 2 months before any extension work is to take place.
In turn, your neighbour then has 14 days to respond to your notice, which must be done in writing.
What to do if your neighbour raises an objection?
If your neighbour decides to raise an objection to your planned extension, the expert has recommended the steps you should follow to help resolve any potential problems before they come up.
For instance, if your adjoining owner refuses or ignores your initial notice, then it is deemed to be a dispute.
Dave advised hiring a surveyor at this point in order to assess the situation and draw up a Party Wall Agreement.
The expert has explained that it is vital that you understand that this agreement goes both ways.
Adjoining owners have the right to request any of the following when it comes to extension completion:
- Appoint a surveyor to resolve a dispute
- Require necessary measures to be taken to protect their property from damage
- To not cause unnecessary inconvenience
- To be compensated for any loss or damage caused by the works
- To ask for security before the work starts to guard against the work stopping at an inconvenient stage, causing them to be left in difficulties
On top of this, Dave also emphasises the importance of negotiation as the initial step:
He elaborated: “The first step of any negotiation should be between you and your neighbour, allowing you both to explain and understand each side of the argument and try to come to a compromise that would help ease any of their concerns while still going ahead with the extension.”
In the event that the dispute persists, Dave suggests both you and your neighbour can hire party wall surveyors who will assess the situation.
This could involve a mediating third surveyor in order to make the agreement as impartial as possible.
Finally, Dave warns about what could happen as a last resort if the dispute continues and an agreement still isn’t in place.
From here, the dispute may be taken to county court by the adjoining neighbour, provided it’s within the 14 days stated previously.
Recommended reading
- Can my neighbour remove our boundary hedge without my permission?
- What time should my neighbour stop doing DIY work on their home?
- Can my neighbour cut my tree? Find out when they need permission from you
Here, the dispute will be settled, however, this sort of action should be treated as a last resort, as it can cause unrest between neighbours and could pass legal and surveyor costs onto you if their claim is successful.
Steve Bromberg, Managing Director at Express Bi-Folding Doors, says: “If you’re building an extension, it’s especially important to consider how the design will impact your neighbours.
"Where blocking out the light could be a potential concern flagged by your neighbours, consider incorporating bi-folding or sliding into your extension layout for their light-enhancing benefits.”
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