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Our neighbours have planning permission for a two storey extension to the side of their property. Currently, we both have a brick garage with a shared party wall running along the boundary of the properties. The tiled, sloping roofs of the two garages are attached. To complete their extension, the neighbours need to remove the shared party wall and replace with cavity walls. When they got planning permission in September 2021, they had verbal agreement from the previous owner’s for the removal of the shared party wall. Can this be formally enforced?

The neighbours asked yesterday if we were happy with their extension and said they would make good any effects on our property but we thought they just meant replacing some tiles, we did not realise the wall needed to be removed. Our garage has been converted into a granny flat so it is not just a garage wall, there are also electricals, built in furniture, flooring, plastering and painting to be ‘made good’. In addition we would need the furniture currently in there to be put in storage while the works are carried out. We understand that they should serve us formal notice (Party Wall Act), we can then agree or object or ignore it, which counts as an objection. Should we also request that a Party Wall Survey is completed (at their expense)? What protection would having or not having this give us against damage, failure to ‘make good’, lengthy delays etc? They have told us that the work will start in a couple of weeks but looking online it seems they have to give us two months notice. We do not want the work to start until after Christmas as we will have guests using the granny flat over the holidays.

They are also building a two storey extension over the top of where the garage was (single storey) and we are concerned with whether they have the correct foundations for this and if they do not, what effect this might have in future on our property. Or if they need to dig new foundations right next to our granny flat/garage, could this also cause damage? Should we insist on seeing their Building Regulations approval, assuming they have this in place? They have said we can talk it through with their builder, although we are aware the builder is a friend of theirs.

We have only just moved here in September 2022 so do not know our neighbours well but don’t want to damage the relationship by outright refusal. We don’t have an objection to the extension itself, just want to make sure that we are protected and we end up with the same set-up as we have now, without it costing us anything. We may in future want a similar extension ourselves but are not committed to this currently.

Are there any other steps we should take to ensure we are protected or is it risky to even consider agreeing to this? Any advice much appreciated.

They need to give you at least two months notice before commencing works. They cannot or should not start without having the PWN in place.

Your only way of covering yourself is to instruct your own surveyor and they will then write to the neighbour.

If they submit the PWN and I object, do they have to instruct a surveyor? I saw somewhere else that the surveyor would act independently, would that not cover me?

If they serve you with a notice, you have the choice to consent, dissent or ignore. The latter would result in the neighbour having to appoint a surveyor. The same surveyor can be appointed for both parties or you can choose to have your own. The building owner, i.e. the person carrying out the works would be liable for all costs relating to the Party Wall Notice/Agreememt.