I just wanted to run this scenario past the good people here and hopefully get some advice.
We're in the process of purchasing a new build in a development that was re-launched last year. The development was originally launched around 2006-07 and some houses were completed and sold prior to the crash. Building work halted on the site around 2008-2009, not sure when exactly, until resuming again last year. When we paid the deposit late last year, the house was in the initial stages, blockwork had just started. We received and signed the contract & waited for the house to be finished.
Recently did the snagging and noticed that the party wall at the end of the back garden is approx 3 meters high, compared to all the other party walls in the development which are 1.8 meters high. The property that backs on to ours was finished prior to the crash and has been occupied at least since 2012-13. Sometime since then the owners of this property have used the party wall as the back wall of a newly-built granny flat/shed/office with a sloped roof, i.e the roof slopes from a high point of 3 metres on the party wall towards the front of the structure which is in their back garden. There is no overhang on to our side of the party wall.
To my understanding, as part of the structure is over 2 meters high the structure requires planning permission (as per Class 5 of the Planning & Development Regulations 2001). I’ve checked on the relevant local authority website, nothing there. Builder says it’s nothing to do with them, they didn’t give permission to anyone to build up the party wall.
We thought this was something we’d have to take up with the owners of the other property once we had taken ownership of our property. Our solicitor advises however that this needs to be sorted out by the builder prior to closing the sale as our contract is with the builder. Initially for us, the issue was just the annoyance that the wall caused a longer shadow on our back garden than for the other properties on our side of the street. Now, we’re worried about the planning aspect as we fear it may cause difficulties for us if we decide to sell the property again in a few years time. There’s also the fact that we don’t know if the structure on the neighbours’ side of the party wall is properly built, whether it has electrical wiring or plumbing and whether they were done by professionals or not.
All other properties in the development have been sold at this stage. We’ve seen threads like this previously and the advice generally is to walk away. But does the fact that we have a signed contract which contains a clause stipulating that the property must be compliant with planning & building regulations mean that we have a stronger hand? Has anyone come across a similar scenario?
We're in the process of purchasing a new build in a development that was re-launched last year. The development was originally launched around 2006-07 and some houses were completed and sold prior to the crash. Building work halted on the site around 2008-2009, not sure when exactly, until resuming again last year. When we paid the deposit late last year, the house was in the initial stages, blockwork had just started. We received and signed the contract & waited for the house to be finished.
Recently did the snagging and noticed that the party wall at the end of the back garden is approx 3 meters high, compared to all the other party walls in the development which are 1.8 meters high. The property that backs on to ours was finished prior to the crash and has been occupied at least since 2012-13. Sometime since then the owners of this property have used the party wall as the back wall of a newly-built granny flat/shed/office with a sloped roof, i.e the roof slopes from a high point of 3 metres on the party wall towards the front of the structure which is in their back garden. There is no overhang on to our side of the party wall.
To my understanding, as part of the structure is over 2 meters high the structure requires planning permission (as per Class 5 of the Planning & Development Regulations 2001). I’ve checked on the relevant local authority website, nothing there. Builder says it’s nothing to do with them, they didn’t give permission to anyone to build up the party wall.
We thought this was something we’d have to take up with the owners of the other property once we had taken ownership of our property. Our solicitor advises however that this needs to be sorted out by the builder prior to closing the sale as our contract is with the builder. Initially for us, the issue was just the annoyance that the wall caused a longer shadow on our back garden than for the other properties on our side of the street. Now, we’re worried about the planning aspect as we fear it may cause difficulties for us if we decide to sell the property again in a few years time. There’s also the fact that we don’t know if the structure on the neighbours’ side of the party wall is properly built, whether it has electrical wiring or plumbing and whether they were done by professionals or not.
All other properties in the development have been sold at this stage. We’ve seen threads like this previously and the advice generally is to walk away. But does the fact that we have a signed contract which contains a clause stipulating that the property must be compliant with planning & building regulations mean that we have a stronger hand? Has anyone come across a similar scenario?