When it comes to home improvement, love thy neighbour
September 5, 2010
A belligerent neighbour whose sole objective is to make your life as miserable as his own is a sad tale that many of us can relate to. To add further salt to those wounds, any bridges of reconciliation were burnt years ago with little to no hope of making up. However, at times, we have to swallow that bitter pill, bite our tongue and go that extra yard to “love thy neighbour” as who knows when you may need their support.
When it comes to home improvements, to have a neighbour who accepts your grand expansionist plans for a two- storey extension hard up against the common boundary for example is a case in point. Their support can save you money and angst in the long run. In most cases, many of the common projects we carry out will not need planning permission which means that the local authority will not be required to consult with your neighbour over the said project. From our own experience, we would recommend that for the sake of common courtesy, you let all your adjoining neighbours know of your future intentions to carry out works. Again, by having their support, life can be so much easier when it comes to executing the work. For example, you may live on a busy street with limited parking meaning that you may have to park a builder's van on a neighbouring drive in order to allow materials to be stored on your driveway.
If you require planning permission, your neighbours will be consulted by the local authority and at that point, will have the formal chance to either support or object to your proposals. Again, for the reasons set out above, it helps to talk in advance and hopefully, head off problems saving you time, money and any relationship you have with them.
For those projects which are likely to affect your neighbour, the Party Wall Act 1996 governs the alteration of any shared structures, access for undertaking work, hours permitted for this and responsibility for repairing any damage. You must serve notice to all owners affected- both freehold and leasehold- two months in advance, ideally by hand with an independent witness or by recorded delivery. Include full details and preferably, a set of plans. If they fail to respond within 14 days or refuse consent, you are in dispute and must pay for a surveyor to negotiate a party wall agreement. You can share the same surveyor, but your neighbours have the right to appoint their own independent surveyor at your own expense. They don't come cheap and a typical party wall agreement will cost approximately £700 per neighbour.
It is also worth checking the property deeds to see if there are any restrictive covenants in place to prevent further development of your property without the consent of any beneficiaries. These apply to most ex-local authority properties and to many homes built on estates.
When your neighbour decides to play his music loud or has a dog that fails to stop barking, remember that home improvement. Please let us know if you have had similar experiences, using the comments below.
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