Neighbours & demolition of wall

[Vicky7]

I'd be very grateful for any advice. Our neighbours are threatening demolition of a wall which is part of a habitable area, our extension, which has all utilities and has existed for 20 years, as they want to dig deeper foundations. Surely demolition can only be ordered by Councils eg for slum clearance?

Is there anything in law we can use re protection of a 'habitable area' as well as party wall laws?

Many thanks.

[Crazy council]

Re: Neighbours & demolition of wall

Hi, would need some more details

Is the wall part of the boundry wall
Is it on there land or yours
Is it on the plans

is the wall part of a building ?

as they want to dig deeper foundations

Have they said what for, and have they offered to rebiuld you wall afterwards ?

Is there anything in law we can use re protection of a 'habitable area' as well as party wall laws?

Planning laws, local area plan ( a document from local council ), is it a conservation area.

[Vicky7]

Re: Neighbours & demolition of wall

Thanks for reply. The wall is part of the boundary wall on our land. It's not shown on plans (Do you mean their architects plans?). The neighbours want to build up - to 2 storeys. Obviously it's massive destruction so we won't consider rebuilding.

[Kati]

Re: Neighbours & demolition of wall

If it's been there for 20yrs (and you can evidence that), I'd expect them to have problems getting planning permission to demolish it :noidea: ... have you spoken to your local council at all?

[des8]

Re: Neighbours & demolition of wall

. The wall is part of the boundary wall on our land.

Have your neighbours given any indication of how, IF YOU GIVE PERMISSION, they are prepared to reinstate your wall, make good all damage, arrange alternative accommodation for you whilst the work continues and then compensate for the disruption?

If not, and if you do not want to give permission they have a problem.
If you have a mortgage, your lender may need to give permission as well.

If the wall is on your land how do they propose to demolish it and then build without facing a claim for damages for trespass if you do not authorise it?
Write (signed for) to them advising that you do not give permission for them to demolish your wall.

[Crazy council]

Re: Neighbours & demolition of wall

U can not just reliy on the fact its been there 20yrs to block them.

Is ot a wall or a building. U mwntion an extention. did they say anything specific about the footings of your wall/or building

ight not be able to stop them. Please put down the full details so u can get the correct advise

[Vicky7]

Re: Neighbours & demolition of wall

Thanks for your thoughts. I am thinking of ways to evidence the 20 years. I could try the local Council but they gave planning permission for the neighbours building. We were not sent the application as it falls under the party wall act.

[ostell]

Re: Neighbours & demolition of wall

The local planning office might not have been aware of your wall when the plans were submitted. (And didn't bother to check, usual efficiency). It was hinted that your wall didn't appear on the plans so the architect may not have been on site to see it.

Definitely council planning department this morning.